Eqra Fatima v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14570 of 2023 ====================================================== Eqra Fatima Daughter of Md. Salauddin Resident of Opposite P.U. Library, Data Pirbahor, P.S.-Pirbahore, District-Patna. ... ... Petitioner/s

Versus

1 .

The State of Bihar through Principal Secretary, Department of Education, Govt. of Bihar.

2.

The Director, Primary Education, Govt. of Bihar. 3 .

The District Magistrate, East Champaran, Motihari. 4.

The District Education Officer, East Champaran at Motihari. 5 .

The Executive Officer cum Block Development Officer, Banjaria, District East Champaran.

6.

The Block Education Officer, Banjaria, District East Champaran. 7.

The Head Master, Upgraded Middle School, Amwa, Block Banjaria, District East Champaran.

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

For the Petitioner/s :

Mr. Asif Kalim , Advocate For the Respondent/s :

Mrs. Smt. Binita Singh ( Sc 28 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2024 Heard learned counsel for the parties.

2. This writ application has been filed for the following reasons :- (A) For setting aside the memo No. 17.08.2019 passed by the Block Education officer, Banjariya , East Champaran whereby the salary of the petitioner and three others have been stopped in view of the some facts pleaded in the case pending before the District Teacher employment, Authority, East Champaran at Motihari.

(b) To direct the respondent/s authority to make

Patna High Court CWJC No.14570 of 2023(2) dt.12-12-2024 2/3 payment of the salary/honorarium from July 2019 to till date along with interest.

3 . At the outset, learned counsel appearing on behalf of the State raises preliminary objection to the effect that an alternative Statutory remedy is available to the petitioner to move before the District Appellate Authority by way of filing appropriate application under Section 13 of Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2020 (hereinafter referred as "Rules, 2020"), which deals with the power and functions of the District Appellate Authority.

4. Since the petitioner has got statutory alternative remedy to move 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.

5. In view of the aforesaid facts and circumstances, petitioner is directed to file an application before the District Appellate Authority in accordance with law.

6. In the event, such application is filed by the petitioner, the authority concerned is directed to dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, as expeditiously as possible.

Patna High Court CWJC No.14570 of 2023(2) dt.12-12-2024 3/3

7. With the aforesaid observations and directions, this writ application stands disposed of.

8. It goes without saying that if any question of limitation arises before the District Appellate Authority, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

(Prabhat Kumar Singh, J) Koushik/- U