Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 11415 of 2024 ====================================================== 1.

Rohit Kumar Son of Shivji Singh Resident of Village-Bhaluwada, P.S.-G.V. Nagar (Tarwara), District-Siwan.

2.

Meraj Alam Son of Mahfuj Alam Resident of Village-Kailgarh, P.s.-Barharia District-Siwan.

3.

Ajay Kumar Son of Ramnath Singh Resident of Village-Harkhauli East Tola, P.S. Mirganj, District-Gopalganj.

4.

Umesh Kumar Singh Son of Ramashray Singh Resident of Village-Shahpur, P.S.-C.V. Nagar (Tarwara), District-Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Primary Education, Education Department, Goverment of Bihar, Patna.

4.

The District Education Officer, Gopalganj.

5.

The District Programme Officer (Estd.) Gopalganj. 6.

The District Magistrate, Gopalganj.

7.

The Block Education Officer, Manjha Block, District-Gopalganj. 8.

The Mukhiya-Cum-Chairman of Niyojan Unit, Panchayat Raj Sipah Khas, Manjha, Gopalganj.

9.

The Panchayat Secretary-Cum-Secretary of Niyojan Unit, Gram Panchayat raj Sipah Khas, Manjha, Gopalganj.

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

For the Petitioner/s :

Mr. Shyam Sundaram, Advocate For the Respondent/s :

Mr. Kameshwar Kumar, GP- 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 01-08-2024 Heard learned counsel for the parties.

2. The petitioners, who were appointed as Panchayat Teachers in different government schools of gram panchayat raj Sipah Khas, Manjha, Gopalganj in the year 2022, have filed this

Patna High Court CWJC No. 11415 of 2024(2) dt.01-08-2024 2/3 writ petition seeking a direction to the respondent authorities to make payment of salaries to the petitioners, in terms of the order dated 20.03.2024, passed by the District Appellate Authority, Gopalganj in Appeal Case Nos. 77/2023; 49/2023; 50/2023; 54/2023 and 55/2023.

3. The petitioners, in other words, have invoked the jurisdiction of this Court under Article 226 of the Constitution of India by filing the instant writ petition for implementation of the order passed by the District Appellate Authority.

4. The adjudication of the petitioners' grievances regarding their salary have been made by the District Appellate Authority, Gopalganj, in terms of Rule 13 of the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020 (hereinafter referred to as 'the Rules, 2020'). In case of non-compliance of the order or direction of the Appellate Authority, remedy is provided under Rule 16 of the Rules, 2020 itself, wherein, the Appellate Authority has been empowered to impose punishment prescribed therein.

5. Under the circumstances, the petitioners have a remedy available before the District Appellate Authority itself under the Rules, 2020.

Patna High Court CWJC No. 11415 of 2024(2) dt.01-08-2024 3/3

6. Since, the petitioners have a remedy available under the Rules, 2020 itself to get the order passed by the District Appellate Authority, implemented/complied with by the Authorities, this writ petition is disposed of at this stage with liberty granted to the petitioners to approach the appropriate authority for redressal of their grievances.

7. With the above observations, this writ petition is disposed of.

(Nani Tagia, J) Siddharth Sagar/- U