Shardanand Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14286 of 2011 ====================================================== Shardanand Prasad S/O Sri Ramanand Rai R/O Vill.-Gajiyapur, P.O.- Sinha, P.S.- Barhara, Distt.- Bhojpur .... .... Petitioner
Versus
1. The State of Bihar through the District Magistrate, Bhojpur at Ara
2. The Member, District Teachers Appellate Authority, Bhojpur at Arrah
3. The District Superintendent of Education, Bhojpur at Ara
4. The Block Education Extension Officer, Barhara, Bhojpur
5. The Mukhiya, Nathmalpur Gram Panchayat, P.S. and Block- Barhara, Distt.-Bhojpur
6. The Secretary, Nathmalpur Gram Panchayat, P.S. and Block- Barhara, Distt.- Bhojpur .... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Shankar Kumar For the Respondent/s : Mr. Prashant Pratap GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and Sri Prashant Pratap, learned Govt. Pleader no.2.
The petitioner, in the present writ petition, has claimed for payment of full salary from the date of issuance of Annexure-1 i.e. dated 01.10.2007. It has been claimed that the petitioner, pursuant to Annexure-1, joined, but he has never been paid his salary. The fact regarding joining has been disputed by Respondents by way of filing counter affidavit and supplementary counter affidavit of Respondent no.3.
Since it is a question of disputed fact, it would be difficult for this Court to exercise its writ jurisdiction. After
Patna High Court CWJC No.14286 of 2011 (14) dt.24-10-2016 2/2 hearing, instead of passing any specific order, the Court proposes to dispose of the writ petition granting liberty to the petitioner to approach the District Teachers Appointment Appellate Authority of the concerned district. If such appeal is filed, the Court expects that the District Teachers Appointment Appellate Authority may examine the same after summoning the record and pass appropriate order in accordance with law.
The writ petition stands disposed of.
(Rakesh Kumar, J) NKS/- U