S. M. Arif v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17111 of 2016 ====================================================== S. M. Arif son of Md. Bashiruddin resident of village P.O. P.S. - Benipatti, District - Madhubani.

... ... 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, Government of Bihar, Patna 4.

The District Magistrate, Madhubani.

5.

The District Education Officer, Madhubani.

6.

The District Programme Officer, Establishment, Madhubani. 7.

The Block Development Officer, Benipatti Block, District - Madhubani. 8.

The Block Education Extension Officer, Benipatti Block, District - Madhubani.

9.

The Mukhiya Gram Panchayat Raj Sahpur, Benipatti Block, District - Madhubani.

10.

The Panchayat Secretary, Gram Panchayat Raj, Sahpur, Bennipatti Block, District - Madhubani.

11.

The Headmaster, Government Primary School Bisheladugama, Block - Benipatti, District - Madhubani.

12.

The Department of Vigillance, State of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha For the Respondent/s :

Mr. Prabhakar Jha- Gp27 :

Mr. Mukund Mohan Jha (Ac to Gp27) For the Vigilance Department :

Mr. Anil Singh ====================================================== 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 part of Memo No. 1773, dated 09.04.2016 issued under the signature of District Programme Officer, Establishment, Madhubani, and further for direction to the concerned authorities to accept the joining of the petitioner as a Panchayat Teacher, in terms of Memo No.

Patna High Court CWJC No.17111 of 2016(6) dt.04-07-2024 2/2 68, dated 06.02.2015, issued by the Block Education Officer, Bennipatti, Madhubani, and to pay all consequential benefits.

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, Madhubani, against the impugned order.

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