Zariyatun Nisa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16131 of 2023 ====================================================== Zariyatun Nisa Daughter of Ataur Rahman, resident of Ward no. 13, Village - Khanabadi, P.O. - Saraikuri, Police Station - Pauokhali, District- Kishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Bihar, Patna.

2.

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

The District Education Officer, Kishanganj.

4.

The District Programme Officer (Establishment), Kishanganj. 5.

The Executive Officer, Nagar Parishad, Kishanganj. 6.

The Headmaster, Primary School, Ruidhasa, Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the State :

Mr. Jitendra Kr. Roy 1 (Sc13) Mr. U.K. Singh, AC to SC 13 For the R. No. 5 :

Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-12-2024 Heard learned counsel for the parties.

2. The present application has been filed for directing the respondents to make payment of regular monthly salary of the petitioner with effect from 27.12.2019 pursuant to the direction of this Hon'ble Court passed in CWJC No. 6714 of 2017.

3. At the outset, learned counsel for the State appears and raises preliminary objection with regard to the maintainability of this writ application on the ground that

Patna High Court CWJC No.16131 of 2023(2) dt.17-12-2024 2/3 petitioner has got alternative remedy before the District Appellate Authority under Rule 13 of the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020. He further submits that no reason has been assigned, as to why this writ application shall be heard by this Hon'ble High Court, even when alternative remedy to move before the District Appellate Authority is available to the petitioner.

4. Learned counsel for the petitioner is not in a position to dispute the contentions made on behalf of the State.

5. Considering the aforesaid facts and circumstances, this writ petition is disposed of with direction to petitioner to move before the concerned District Appellate Authority by filing appeal and the District Appellate Authority is directed to proceed in the matter and dispose of the same in accordance with law, as expeditiously as possible.

6. With the aforesaid observations and directions, this writ application is disposed of.

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

Patna High Court CWJC No.16131 of 2023(2) dt.17-12-2024 3/3 226 of the Constitution of India.

(Prabhat Kumar Singh, J) Navya/- U