Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6977 of 2024 ====================================================== Rajeev Kumar Son of late Awadhesh Kumar Singh Resident of Village- Near N.H. 28 Dumara, Police Station- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

1 .

The State of Bihar through the Additional Chief Secretary Departmant of Education, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Departmant of Education, Government of Bihar, Patna.

3 .

The District Education Officer, East Champaran at Motihari. 4.

The Block Development Officer-Cum-Executive Officer, Panchayat Samiti, Kotwa, East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar , Advocate For the Respondent/s :

Mr. Addl. Advocate General 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the parties.

2. The present writ application has been filed for directing the respondent/s authority to grant the benefit of regular pay scale to the petitioner who has been appointed as Block Teacher in Middle School , Jamunia , Jasauli Block Kotwa in the fixed pay scale .

3 . At the outset, learned counsel for the State appears and raises preliminary objection with regard to the maintainability of this writ application on the ground that petitioner has got alternative remedy before the District Appellate Authority. He further submits that no reason has been assigned, as to why this writ application shall be heard by this

Patna High Court CWJC No.6977 of 2024(2) dt.20-11-2024 2/2 Hon'ble High Court, even when alternative remedy to move before the District Appellate Authority is available to the petitioner.

4. Learned counsel for the petitioners is not in a position to dispute the contentions made on behalf of the State . 5 . Considering the aforesaid facts and circumstances, this writ petition is disposed of with direction to petitioner to move before the District Appellate Authority by filing appeal and the concerned District Appellate Authority is directed to proceed in the matter and dispose of the same in accordance with law after hearing the parties, preferably within a period of six months thereafter.

6. With the aforesaid observations and directions, this writ application is disposed of.

7. It goes without saying that if any question of limitation arises before the competent authority, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court. (Prabhat Kumar Singh, J) Koushik/- U