Asha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20442 of 2010 =========================================================== Asha Kumari W/O Manoj Prasad Styarthi R/O Vill.- Siarahi Mathiya, P.S.- Jagdishpur, Distt.- West Champaran .... .... Petitioner

Versus

1. The State Of Bihar Through The District Magistrate West Champaran

2. The District Education Superintendent West Champaran

3. The Block Development Officer Nautan Block, Distt.- West Champaran

4. The Block Education Officer Nautan Block, Distt.- West Champaran

5. The Panchayat Secretary Null Panchayat Raj-Pakdigha, Nauwatan Block, Distt.- West Champaran

6. The Mukhiya Panchayat Raj-Pakdigha, Nauwatan Block, Distt.- West Champaran

7. The Headmaster Govt. Primary School, Bhaworanpur, Nauwatan Block, Distt.- West Champaran .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. SYED ARSHAD ALAM SC-4 For Respondent No.5 &6: Mr. Umesh Chandra Verma, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT Date: 21-06-2017 None is present on behalf of the petitioner.

2. The petitioner in the present Writ application has sought for a direction of this Court for directing the respondents for payment of salary to the petitioner, who was appointed as Panchayat teacher vide appointment letter dated 13.08.2010. Thereafter the Respondent no.7, the Headmaster, Government Primary School, Bhaworanpur, Nauwatan Block, District- West Champaran restrained the petitioner from discharging her duty from 13.09.2010, for which, no reason has been assigned by the said respondent. The petitioner has been

Patna High Court CWJC No.20442 of 2010 dt.21-06-2017 2/2 appointed after all due process of law and with all requisite qualifications.

3. The present application on behalf of the petitioner has been preferred without approaching before the District Teachers Employment Appellate Authority, which was constituted in light of Memo no. 3716 dated 23.10.2008. It would be appropriate that the petitioner should first approach before the appellate authority. The petitioner is directed to prefer an appeal before the appellate authority within a period of 30 days. The appellate authority shall consider the matter on its own merit and decide the same in accordance with law within the stipulated period under Rules.

4. With the aforesaid observation and direction, the present application stands disposed of.

(Sudhir Singh, J) Amit/- U