Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10228 of 2024 ====================================================== 1.

Ashok Kumar, Son of Late Ram Ratan Singh, Resident of Village- Maya Bigha, Police Station- Ghosi, District- Jehanabad. 2.

Mahendra Singh, Son of Late Badri Singh, Resident of Village- Bajitpur, Police Station- Ghosi, District Jehanabad.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Primary Education, Government of Bihar, Patna. 4.

The District Magistrate, Jehanabad.

5.

The District Education Officer, Jehanabad.

6.

The District Programme Officer (Establishment), Jehanabad. 7.

The Block Development Officer, Jehanabad.

8.

The Block Education Officer, Ghosi (Jehanabad). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Respondent/s :

Mr. Ajay, G.A-5 Mr. Saurav Kumar, A.C. to G.A-5 Mr. Akash Rai, A.C. to G.A-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 08-07-2024 Heard learned counsel for the parties.

2. The petitioners, two in numbers, stated to be Panchayat Teacher, though not stated in the writ petition in which school they are working, have filed this writ petition seeking a direction to the respondents to give payment of Index7 (Level-2) of 22,130/- from the current payment of Index-7 ₹

Patna High Court CWJC No.10228 of 2024 dt.08-07-2024 2/3 (Level-1) of 16,000/- after the petitioners had taken training, in ₹ respect of which, result has been published on 31.03.2019.

3. In paragraph no. 8 of the writ petition, it has been stated that petitioners had preferred an appeal before the District Appellate Authority, Jehanabad, vide case no. 93 of 2023, which was disposed of by an order passed on 23.03.2024. The order passed was not in favour of the petitioners. That is how, the petitioners are before this Court under Article 226 of the Constitution of India.

4. The Bihar State Teaching Institutions Teachers and Employee (Dispute Redressal Appeal) Rules, 2020 provides for a forum for resolution of the disputes of Panchayat Teachers with regard to their service conditions, for which District Appellate Authority has been established in each of the district and thereafter State Appellate Authority has also been established at State level to hear an appeal filed against the decision rendered by the District Appellate Authority.

5. In the instant writ petition, it is noticed that the petitioners had already approached the District Appellate Authority, Jehanabad, which had rendered its decision on 23.03.2024 in Case No. 93 of 2023, though not in favour of the petitioner. If the petitioners are aggrieved by the decision

Patna High Court CWJC No.10228 of 2024 dt.08-07-2024 3/3 rendered by the District Appellate Authority, Jehanabad, they can file an appeal before the State Appellate Authority, as provided in the Bihar State Teaching Institutions Teachers and Employee (Dispute Redressal Appeal) Rules, 2020.

6. In that view of the matter, this writ petition is disposed of with a liberty to the petitioners to file an appeal before the State Appellate Authority against the decision rendered by the District Appellate Authority, Jehanabad for redressal of the petitioners' grievances.

7. The instant writ petition is disposed of with above observation.

(Nani Tagia, J) siwani/Amrendra/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 08.07.2024 Transmission Date N/A