Sangita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.427 of 2024 ====================================================== Sangita Kumari Wife of Shailesh Kumar Dogi, Daughter of Jai Ram Prasad, Resident of Village- Bela, Police Station Akbarpur, District- Nawada. ... ... Petitioner/s

Versus

1.

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

2.

The District Education Officer, Nawada.

3.

The District Programme Officer, Nawada.

4.

The Block Education Officer, Akbarpur, District- Nawada. 5.

The Panchayat Secretary, Akbarpur, District- Nawada. 6.

The In-charge Head Master, Primary School, Bela (Akbarpur), DistrictNawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhas Ranjan, Adv.

For the Respondent/s :

Mr. N.H. Khan, SC01 :

Mr. Harun Quareshi, AC to SC01 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2025 Heard learned counsels for the parties.

2. The present writ petition has been filed seeking the following reliefs:

"A) A Mandamus commanding the respondents to permit the petitioner to put her signature on the Attendence Register of the School (Primary School, Bela, Police Station Akbarpur, District Nawada. Further for direction to the Respondents for payment of salary to the petitioner from 1.11.2022 to till date.

(B) Any other relief or reliefs for which petitioner may be found entitled to in the facts

Patna High Court CWJC No.427 of 2024(3) dt.18-01-2025 2/3 and circumstances of the present case may be granted to her."

3. At the very outset, learned counsel appearing on behalf of the State raises a 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.

4. As the petitioner has got statutory alternative remedy to move before the District Appellate Authority, this Court is not inclined to interfere in the matter.

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

6. In the event, such application is filed by the petitioner, the District Appellate Authority is directed to dispose of the same, in accordance with law, by a reasoned and speaking order, after hearing the parties.

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

Patna High Court CWJC No.427 of 2024(3) dt.18-01-2025 3/3 the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

(Anjani Kumar Sharan, J) anand/- U