Shabnam Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12649 of 2023 ====================================================== Shabnam Kumari Daughter of Sahdeo Malakar, Wife of Shri Raj Kumar, Resident of Village and P.O.-Manopur, Tola-Muradpur, Via Bachhwara, District-Begusarai at present posted as Block Teacher, Utkramit Madhya Vidyalay, Vishnupur Tol, Panchayat-Mokhtiyarpur, Block-Bhagwanpur, District-Begusarai.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary-cum-Principal Secretary, Department of Education, Govt. of Bihar, Patna. 2.
The Additional Chief Secretary-cum-Principal Secretary, Department of Education, Govt. of Bihar, Patna.
3.
The Director, Primary Education, Government of Bihar, Patna. 4.
The District Magistrate, Begusarai.
5.
The District Education Officer, Begusarai.
6.
The District Programme Officer (Establishment), Begusarai. 7.
The Block Education Officer, Bhagwanpur Block, District-Begusarai. 8.
The Block Development Officer, Bhagwanpur Block, District-Begusarai. 9.
Employment Committee of Mokhtiyarpur Panchayat, Block-Bhagwanpur, District-Begusarai through its Panchayat Secretary. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Respondent/s :
Mr.Smt. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of respondent/State.
2. This writ petition has been filed for directing the respondents to release the current as well as arrears of salary of the petitioner, as she is continuously discharging her duty, as Block Teacher, in Utkramit Madhya Vidyalay, Vishnupur Tol, Panchayat - Mokhtirarpur, Block Bhagwanpur, District - Begusarai.
Patna High Court CWJC No.12649 of 2023(2) dt.10-12-2024 2/3
3. At the outset, learned counsel for the State raises preliminary objection on the maintainability of writ petition and submits that the petitioner has got alternative remedy of filing appeal before the District Appellate Authority under Rule 13 of the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020 (for short "Rules, 2020), which deals with the power and functions of the District Appellate Authority.
4. Learned counsel for the petitioner does not dispute the above proposition.
5. It is settled law that where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by the statute alone must be availed of. Since, the petitioner has got statutory alternative remedy of filing appeal before the District Appellate Authority under Rule 13 of the Rules, 2020, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction.
6. Accordingly, writ petition is disposed of with direction to the petitioner to file an appeal before the concerned District Appellate Authority. In the event, such appeal is filed within six weeks from today, the same shall be disposed of by a reasoned order in accordance with law after hearing the parties.
Patna High Court CWJC No.12649 of 2023(2) dt.10-12-2024 3/3
7. Needless to state here that the issue of limitation, if any, arises, the same may be considered as the petitioner was pursuing the matter before this Court.
8. With above observation & direction, the writ petition stands disposed of.
(Prabhat Kumar Singh, J) anay U