Dr. Rina Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11022 of 2023 ====================================================== Dr. Rina Kumari Daughter of Jairam Sharma, W/o Mahesh Chandra Shukla, R/o 403 Madhuban Apartment, Mulchand Path, New Chitragupta Nagar Behind Raj Laxmi Nursing Home Kankarbagh, Patna, Bihar-800020. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Education Department, Patna.

2.

The Director, Higher Education, Patna.

3.

Magadh University, Bodh Gaya Through its Registrar 4.

The Vice Chancellor, Magadh University, Bodh Gaya. 5.

Pataliputra University, Patna Through its Registrar. 6.

The Vice Chancellor, Pataliputra University, Patna. 7.

The Registrar, Pataliputra University, Patna. 8.

The Governing Body of Shri Bhubneshwar Raja College, Bhatgaon, Barh, Patna through Secretary.

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

For the Petitioner :

Mr. Sunil Kumar Singh, Advocate For the State :

Ms. Binita Singh, SC-28 For the P.P.U.

:

Mr. Rana Vikram Singh, Advocate Ms. Rasika, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-12-2024 Heard learned counsels for the parties.

2. The present writ application has been filed for commanding the respondents to make payment of State Government grants of 2008, 2009, 2010 and 2011 to the petitioner and further to pay monthly salary and arrears of salary to the petitioner like other teaching and non-teaching staffs of Bhubneshwar Raja College, Bhatgaon, Barh, Patna and make payment with interest of 12% per annum.

Patna High Court CWJC No.11022 of 2023(2) dt.05-12-2024 2/3

3. At the outset, learned counsels appearing on behalf of the respondents raise preliminary objection to the effect that an alternative Statutory remedy is available to the petitioner to move before the appropriate authority by way of filing appropriate application.

4. Since the petitioner has got statutory alternative remedy to move before the appropriate authority, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction.

5. In view of the aforesaid facts and circumstances, petitioner is directed to move before the appropriate authority, by filing appropriate application, in accordance with law.

6. In the event, such application is filed by the petitioner, the authority concerned is directed to dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, as expeditiously as possible.

7. With the aforesaid observations and directions, this writ application stands disposed of.

8. It goes without saying that if any question of limitation arises before the appropriate authority, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article

Patna High Court CWJC No.11022 of 2023(2) dt.05-12-2024 3/3 226 of the Constitution of India.

(Prabhat Kumar Singh, J) shashank/- U