Gopal Krishna Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17912 of 2024 ====================================================== Gopal Krishna Jha son of Late Umakant Jha, resident of Samachak, P.S.- Barbigha, District-Sheikhpura.

... ... Petitioner

Versus

1.

The State of Bihar through Chief Secretary, Old Secretariat, Patna. 2.

Additional Chief Secretary, Education Department, New Secretariat, Patna. 3.

District Education Officer, Sheikhpura.

4.

District Programme (Establishment) Officer, Education Department, Sheikhpura.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Pratap Sharma, Advocate For the Respondent/s :

Mr.Additional Advocate General (7) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-11-2024 Heard learned counsel for the parties.

2. This writ petition has been filed for directing the respondents to make payment of salary to the petitioner of working period from September, 2022 to December, 2023 which has not been paid by respondents.

3. At the outset, learned counsel for the State raises preliminary objection and submits that the petitioner may seek remedy before the District Appellate Authority under Rule 13 of the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020 which deals with the power and functions of the District Appellate Authority.

4. Learned counsel for the petitioner does not dispute this fact.

5. It is settled law that where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by the statute alone must be availed of. Since, the petitioner has statutory alternative remedy of appeal

Patna High Court CWJC No.17912 of 2024(2) dt.27-11-2024 2/2 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.

6. Accordingly, writ petition is disposed of with direction to the petitioner to file an appeal before the Appellate Authority. In the event such appeal is filed within four weeks from today, the same shall be disposed of with a reasoned order in accordance with law after hearing the parties within further eight weeks.

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 226 of the Constitution of India.

(Prabhat Kumar Singh, J) shashi/- U