Saroj Kumari @ Saroj Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.583 of 2011 ====================================================== Saroj Kumari @ Saroj Devi, w/o Prakash Prasad, resident of village - Chota badya P.S. Barauli, P.O. Barauli, District Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Gopalganj

3. the District Superintendent of Education, Gopalganj

4. The Block Development Officer, Barauli, Gopalganj

5. The Block Education Extension Officer, Barauli , Gopalganj .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Sri Ram Kishore Singh Mr. Sushil Kumar For the Respondent/s : AC to GP No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-10-2015 Heard Sri Ram Kishore Singh, learned counsel, who was assisted by Sri Sushil Kumar, learned counsel for the petitioner and learned AC to GP No. 1.

The petitioner has invoked the writ jurisdiction of this court with a prayer to direct the authorities to pay salary of the petitioner on the post of Shiksha Mitra from January 2007. In this case a counter affidavit has been filed on behalf of the respondent and a preliminary objection has been raised that since for such dispute there is already efficacious remedy available to the petitioner for approaching District Teacher Appellate Authority, the petitioner may be advised to avail alternative remedy.

Patna High Court CWJC No.583 of 2011 (6) dt.29-10-2015 2/2 After noticing the stand taken in paragraph no. 6 of the counter affidavit, learned counsel for the petitioner makes a prayer for disposal of the present writ petition, so that, the petitioner may approach the District Teacher Appellate Authority under Rule 18 of the Bihar Prarambhik Shikshak Niyojan (Seva & Shart) Rules 2008.

In view of prayer made by learned counsel for the petitioner, the writ petition stands disposed of granting liberty to the petitioner to avail the remedy as indicated above. It goes without saying that if the petitioner approaches the District Teacher Appellate Authority within eight weeks from today, same may be entertained and decided on its own merit without unnecessary delay.

The writ petition stands disposed of.

(Rakesh Kumar, J) Praful/- U