Mamta Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15291 of 2025 ====================================================== Mamta Mishra w/o - Sri Krishna Tiwari R/o Village- Kusaundhi, POKasaundhi, PS- Mirganj, Gopalganj, Bihar- 841436. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Vikash Bhawan, Bailey Road, Patna.

2.

The Director, Primary Education, Bihar, Patna. 3.

The District Education Officer, Gopalganj.

4.

The District Programme Officer, Establishment, Gopalganj. 5.

The Block Education Officer, Hathua, Gopalganj. 6.

Member Secretary-cum-Executive Officer, Prakhand Niyojan Unit, Hathua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suman Kumar For the Respondent/s :

Mr.Standing Counsel (09) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 16-09-2025 Heard the parties.

2. Learned Advocate for the petitioner fairly submitted before this Court that despite the order passed by the District Appellate Authority, Gopalganj in Appeal No. 105 of 2024 vide order dated 26.06.2024-27.06.2024 directing the authorities to reinstate the petitioner in service within fortnight with back wages, till date the order has not been given effect to, compelling the petitioner to approach this Court.

3. Learned Advocate for the State has made a preliminary objection with regard to the maintainability of the writ petition and submitted that by filing the present writ petition, the petitioner has tried to demean the majesty of the

Patna High Court CWJC No.15291 of 2025 dt.16-09-2025 2/2 Court by making it to be an Executing Court. He further submits that there is already a provision under Rule 16 of the Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal and Appeal) Rules, 2020 (hereinafter referred to as "Rules 2020") where she can approach the Appellate Authority for redressal of the grievance raised in the writ petition.

4. Having considered the nature of the grievance, this Court does not find any reason or occasion to entertain the writ petition. Accordingly, the present writ petition stands disposed of with liberty to the petitioner to move before the Appellate Authority for execution of the order by filing an appropriate application in terms of Rule 16 of the Rules, 2020, along with a petition for condonation of delay, preferably within a period of four weeks from today. In case, such application(s) is filed, the same shall be considered by the Appellate Authority and disposed of without undue delay, in accordance with law.

5. The writ petition stands disposed of with liberty aforesaid.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 16.09.2025 Transmission Date