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Patna High CourtCWJC/15947/2019disposed

Smt. Sandhya Bharti v. The State Of Bihar

2019-08-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15947 of 2019 ====================================================== Smt. Sandhya Bharti W/o Arvind Kumar D/o Kanhaiya Ram, Vill.- Vijan Tola, P.o.- Jitaura, P.s.- Piro, Distt.- Bhojpur at present Mohalla- Turha Toli, Main Road, Ward No. 19, Opposite Krishna Cinema, Distt.- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 2.

The District Magistrate Bhojpur (Ara) 3.

The Director Primary Education, Bihar, Patna 4.

The District Programme Officer Bhojpur (Ara) 5.

The District Education Officer Bhojpur (Ara) 6.

The Block Education Officer Bhojpur (Ara) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Tewary For the Respondent/s :

Mr. Subhash Chandra Mishra (Sc16) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The statutory forum in the nature of District Teachers Employment Authority is available and as such it would be appropriate that the petitioner may approach the District Teachers Employment Authority for redressal of his grievance as the Tribunal has the jurisdiction to decide the factual issues which cannot be decided in the present writ application. Considering the aforesaid, the writ application is disposed of with liberty to the petitioner to approach the District

Patna High Court CWJC No.15947 of 2019(2) dt.07-08-2019 2/2 Teachers Employment Appellate Authority who shall entertained the appeal and pass appropriate order including the issue of payment of salary.

Necessary decision in this regard must be taken by the District Teachers Employment Appellate Authority at the earliest preferably within a maximum period of three months from the date of filing of such appeal by the petitioner before the District Teachers Employment Appellate Authority after opportunity of hearing to all the stake holders. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U