Pushpa Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16735 of 2016 ====================================================== Pushpa Kumari wife of Binod Kumar and daughter of Vidyanidhi Manjhi, resident of village Jagadishpur, P.O. Risoura, P.S. Maharajganj, District Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

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

3.

The Director, Primary Education Bihar, Patna. 4.

The District Magistrate, Siwan.

5.

The District Education Officer, Siwan.

6.

The District Programme Officer, Establishment, Siwan. 7.

The Block Development Officer, Bhagalpur Hat, District- Siwan. 8.

The Block Education Officer, Bhagweanpur Hat, District- Siwan. 9.

The Gram Panchayat Raj, Brahm Asthan, through its Panchayat Secretary, Block Bhagwanpur Hat, Distri 10.

The Mukhiya, Gram Panchayat Raj, Brahm Asthan, Block Bhagwanpur Hat, District- Siwan.

11.

The Panchayat Secretary, Gram Panchayat Raj Brahmpur Hat, District Siwan.

12.

The Members, District Teachers Employment Appellate Authority, Siwan. 13.

Pratima Kumari, wife of Krishna Kumar Ram, resident of village Brahm Asthan, Police Station Bhagwanpur Hat, District Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Prasad Bhakta For the Respondent/s :

Mr. Kameshwar Kumar-Gp17 :

Mr. Amit Bhushan (Ac to Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-07-2024

1. Heard learned counsel for the parties concerned.

2. The petitioner has filed the present writ application for quashing the order dated 22.06.2007 (Annexure 10) of

Patna High Court CWJC No.16735 of 2016(4) dt.04-07-2024 2/3 Selection Committee of Gram Panchayat Raj Brahm Asthan as well as letter no. 10 dated 30.06.2007 (Annexure 11) issued by the respondent no. 11 whereby the private respondent has been selected/appointed as Panchayat Teacher under the Gram Panchayat Raj Brahm Asthanof Bhagwanpur Hat, District, Siwan and for quashing of the order dated 27.07.2016 (Annexure 12) passed by the respondent no. 12 in appeal no. 455 of 2014. The petitioner has also preferred for directing the concerned authorities to appoint the petitioner as Panchayat Teacher in Gram Panchayat Raj Brahm Asthan under Bhagwanpur Hat, District Siwan.

3. Learned counsel for the State submits that the District Appellate Authority has been constituted under the Rules for hearing the grievances of the teachers. The petitioner has directly approached this Court without availing the remedy before the District Teachers Appellate Authority.

4. In view of the aforesaid submissions, the present writ application is disposed with the liberty to the petitioner to approach the District Teachers Appellate Authority, Siwan, against the impugned order.

5. It is made clear that if an appeal is filed within one month

Patna High Court CWJC No.16735 of 2016(4) dt.04-07-2024 3/3 from today, with condonation of delay petition, the District Teacher Employment Appellate Authority shall consider the same and shall pass a reasoned order, in accordance with law, within a reasonable time frame.

6. With the aforesaid observation and direction, this writ application is disposed.

(Anil Kumar Sinha, J) HarshPandey/- U