Sharda Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11182 of 2015 ====================================================== Sharda Kumari, wife of Jagdish Sharma, Resident of Village and P.O. Kamalpura, P.S.- Paroo, District Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Principal Secretary, Department of Education, Government of Bihar Patna. 3.

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

Principal Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna 5.

Principal Secretary, Department of Health, Government of Bihar, Patna. 6.

District Magistrate, Muzaffarpur.

7.

District Programme Officer, (Estb.), Muzaffarpur. 8.

Block Development Officer, Paroo, District Muzaffarpur. 9.

Block Education Officer, Paroo, District Muzaffarpur. 10.

Headmaster, Primary School, Gadopur Nagwan, P.S.-Paroo, District Muzaffarpur.

11.

Mukhia, Gram Panchyat, Jafarpur, P.S. Paroo, District Muzaffarpur. 12.

Panchayat Secretary, Gram Panchayat Jafarpur, P.S.- Paroo, District Muzaffarpur.

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate Mr. Purshottam Kumar, Advocate Mr. Amit Kumar, Advocate For the Respondent/s :

Mr. Ajay Behari Sinha, GA-8 Mr. Upendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 21-02-2023 Heard learned counsel for the parties.

Patna High Court CWJC No.11182 of 2015 dt.21-02-2023 2/3

2. The petitioner, by way of this writ petition, has prayed as under:- "1. That this is an application for issuance of an appropriate writ, order, direction for setting aside the order as contained in letter no.1 dated 31.05.2015 issued under the signature of Panchayat Secretary as well as Mukhiya of Gram Panchayat Raj, Jafarpur within Paroo Block, in the district of Muzaffarpur by which the authority passed an order that the degree of Hindi Sahitya Sammelan, Allahabad has not been recognised and accordingly Chayan Samittee vide meeting dated 31.05.2015 resolved to cancel the engagement of the petitioner and accordingly the same being cancelled."

3. Learned counsel for the respondents states that the primary objection is of non-availing of statutory remedy available to the petitioner to file an appeal before the District Appellate Authority.

4. Considering it that this matter is covered by the Judgment dated 23.02.2022, passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J. 381, 2022 (2) P.L.J.R. 80 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), this writ petition is

Patna High Court CWJC No.11182 of 2015 dt.21-02-2023 3/3 dismissed with liberty to the petitioner to file appeal before the concerned District Appellate Authority.

(Sanjeev Prakash Sharma, J) Amrendra/- Item No. 31 AFR/NAFR CAV DATE Uploading Date 22.02.2023 Transmission Date