Ashish Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16133 of 2023 ====================================================== Ashish Ranjan Son of Vishwa Prakash Singh, resident of village Sonvarsha Ghat, P.S. - Chautham, District- Khagaria.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Primary Education Department, Government of Bihar, Patna.
2.
The Director, Primary Education Government of Bihar, Patna. 3.
The Regional Deputy Director of Education, Munger. 4.
The District Magistrate, Khagaria.
5.
The District Education Officer, Khagaria.
6.
The District Programme Officer, (Establishment) Khagaria. 7.
The Block Education Officer, Block - Gogri, District - Khagaria. 8.
The Block Development Officer cum Panchayat teacher, Employment Officer, Gogri-Block, District - Khagaria.
9.
The Panchayat Secretary, Gram Panchayat Raj Maira, Block - Gogri, District - Khagaria.
10.
Mukhiya, Gram Panchayat Raj Maira, Block - Gogri, District - Khagaria. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nakul Kumar Jamuar, Advocate For the Respondent/s :
Mr. Jitendra Kumar Roy 1 ( Sc 13 ) ====================================================== 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 appoint petitioner on the post of Panchayat Teacher in Primary School Sachchida Vasa Julhanian under Gram Panchayat Raj, Maira, Block Gogri, District- Khagaria as after the completion of entire employment process, appointment letter has not been issued to the petitioner as yet.
3. At the outset, learned counsel for the State appears
Patna High Court CWJC No.16133 of 2023(2) dt.17-12-2024 2/3 and raises preliminary objection with regard to the maintainability of this writ application on the ground that 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
Patna High Court CWJC No.16133 of 2023(2) dt.17-12-2024 3/3 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) Navya/- U