Vidhatri Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7686 of 2020 ====================================================== Vidhatri Sinha W/o Sri Jitendra Kumar Tiwari (Advocate), resident of village Bangra, Panchayat- Phulwariya, P.O. and P.S.- Sugauli, Distt.- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Primary Education, Bihar, Patna. 4.

The District Education Officer, Motihari, East Champaran. 5.

The District Programme Officer (Establishment), Motihari, East Champaran. 6.

The Block Education Officer, Sugauli, Dist. East Champaran. 7.

The Panchayat Secretary, Fulwariya Gram Panchayat, Block and P.S. Sugauli, District East Champaran.

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

For the Petitioner/s :

Mr.Vaidehi Raman Prasad Singh :

Mr.Uday Kumar For the Respondent/s :

Ms.R.V.P. Singh (AC to GA 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-03-2021 The petitioner has filed the present writ application seeking a direction to the respondents for payment of her arrears of salary and other allowances since 13.02.2016. The petitioner, as asserted in the writ application, was working as Panchayat Teacher in Nav Shrijit School, Bangra in Phulwaria Panchayat in the District of East Champaran. It, however, transpires that she has been dismissed from service. The petitioner intends to challenge the order of dismissal by filing amendment petition in

Patna High Court CWJC No.7686 of 2020(6) dt.04-03-2021 2/2 the present proceeding.

In the Court's opinion, dismissal of the petitioner from service gives her different cause of action altogether which cannot be adjudicated in the present proceeding. This writ application is accordingly disposed of with an observation that the petitioner shall be at liberty to question the legality of the order of dismissal before appropriate forum in accordance with law. She shall also be at liberty to raise her grievance, as raised in the present writ application in relation to salary before appropriate forum depending on the decision on the petitioner's challenge to the order of dismissal. It is made clear that I have not gone into the merits of the claim of the petitioner raised in the present writ application. (Chakradhari Sharan Singh, J) AKASH/- U