Rekha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14925 of 2024 ====================================================== Rekha Kumari W/o Nandeshwar Kumar, Resident of Village-Ashrafpur, Supaul, P.S.- Patori, District-Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Department of Education, Vikas Bhawan, Govt. of Bihar, Patna.

2.

The Director, Primary Education, Vikas Education, Bailey Road, Patna. 3.

The Regional Deputy Director, Human Resources Department, Muzaffarpur. 4.

The District Education Officer, Hajipur, Vaishali. 5.

The District Programme Officer, Hajipur, Vaishali. 6.

The Block Development Officer, Block Jandaha, District Vaishali. 7.

The Block Education Officer, Block Jandaha, District Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Md Jawaid Akhter, Advocate For the Respondent/s :

Md. Mujtabaul Haque, GP- 12 Mr. Vasant Vikas, AC to GP - 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 03-10-2024 Heard learned counsel for the parties.

2. This writ petition has been filed seeking a direction to the respondents to re-instate the petitioner on the post of Block Teacher in the Upgraded Middle School, Vishnupatti, Jandaha, Vaishali with all consequential benefits as per the directions passed in the Judgement dated 16.10.2023 by the District Appellate Tribunal, Vaishali in Appeal Case Nos. J.D. 26/2023 along with J.D. 60/2018.

3. The petitioners, in other words, have invoked the jurisdiction of this Court under Article 226 of the Constitution of India by filing the instant writ petition for implementation of the order passed by the District Appellate Authority.

Patna High Court CWJC No.14925 of 2024 dt.03-10-2024 2/2

4. In case of non-compliance of the order or direction of the Appellate Authority, remedy is provided under Rule 16 of the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020 (hereinafter referred to as 'the Rules, 2020') itself, wherein, the Appellate Authority has been empowered to impose punishment prescribed therein.

5. Under the circumstances, the petitioners have a remedy available before the District Appellate Authority itself under the Rules, 2020.

6. Since, the petitioners have a remedy available under the Rules, 2020 itself to get the order passed by the District Appellate Authority, implemented/complied with by the Authorities, this writ petition is hereby disposed off with liberty granted to the petitioners to approach the concerned District Appellate Authority for redressal of the grievances.

7. With the above observations, the writ petition is disposed off.

(Nani Tagia, J) Siddharth Sagar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.10.2024 Transmission Date NA