Patna High CourtCWJC/17629/2014disposed

Durgawati Kumari v. The State Of Bihar And ORS

2018-08-13Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17629 of 2014 ====================================================== Durgawati Kumari, D/o Lakshman Prasad, R/O Village + P.O.- Daudpur, P.S.- Shahpur, District- Patna ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna

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

4. The District Collector, Bhojpur at Ara

5. The District Education Officer, Bhojpur at Ara

6. The District Programme Officer (Establishment) Bhojpur at Ara

7. The Block Development Officer, Agiaon, Bhojpur

8. The Block Education Officer, Agiaon, Bhojpur

9. The Pramukh, Block Agiaon, District- Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Maya Shankar Mishra, Advocate For the Respondent/s :

Mr. Sheo Shankar Pd. SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 13-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. Learned counsel for the petitioner submits that without availing statutory remedy before the District Teachers Employment Appellate Authority, the petitioner has directly approached this Court and as such the petitioner may be granted liberty to approach the District Teachers Employment Appellate Authority for redressal of her grievance.

3. In view of the above, the writ petition is disposed of with liberty to the petitioner to file appeal before the District Teachers Employment Appellate Authority, Bhojpur at Ara.

Patna High Court CWJC No.17629 of 2014 dt.13-08-2018 2/2

4. In case such an appeal is preferred within a period of one month from today along with a copy of this order, the District Teachers Employment Appellate Authority will condone the delay keeping in view the fact that the writ petition involving the same issue remained pending for nearly 4 years before this Court and will decide the appeal on its own merit expeditiously preferably within a period of four months from the date of filing of the appeal.

5. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.08.2018 Transmission Date