Maya Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.25011 of 2019 ====================================================== Maya Kumari, D/o Shiv Sagar Mehta R/o Mohalla- Kharkhura, Bairagi, P.O.- R.S.-Gaya, P.S.- Delha, District- Gaya.
... ... Petitioner
Versus
1.
The State of Bihar.
2.
The Principal Secretary, Education Development Department, Government of Bihar, Patna.
3.
The Director of Primary Education, Govt. of Bihar, Patna. 4.
The District Education Officer, Gaya.
5.
The District Programme Officer (Establishment), Gaya. 6.
The Block Education Officer, Nagar Prakhand, Gaya. 7.
The Panchayat Secretary-cum-Niyojan Unit, Gram Panchayat Raj, Keshru Dharampur, Nagar Prakhand, Gaya.
... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr.Rama Kant Singh For the Respondent/s :
Mr.Subash Chandra Mishra ( Sc16 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date : 13-12-2019 Heard learned counsel appearing on behalf of petitioner and the learned counsel appearing on behalf of State.
2.
The petitioner has filed this writ application under Article 226 of the Constitution of India for directing the respondent to accept her joining and pay her dues arrears of salary as well as current salary.
3.
Learned counsel appearing on behalf of petitioner submits that after selection, the petitioner joined as Panchayat
Patna High Court CWJC No.25011 of 2019 dt.13-12-2019 2/3 Teacher on 22.11.2013 in Primary School, Dhanibigha, BlockKeshru Dharmpur, District - Gaya, while she was regularly coming to the school for teaching of students, but, all of sudden, in the month of September, 2016, she became ill and her health was going to deteriorate then after consulting the Doctor, she made applications for leave for medical treatment before the concerned authority on 17.10.2016 and 01.11.2016, respectively. After regaining her fitness, physically and mentally, she went to the concerned authority on 01.10.2019 for accepting her joining on duty, but she was not permitted to join on duty and her salary has also not been paid to her since September, 2017.
4.
In view of the submissions made on behalf of petitioner and learned counsel appearing on behalf of State, let the petitioner file appeal in respect to her grievance before the District Teachers Appellate Authority, Gaya, as if the Panchayat Teacher has any grievance in respect to his/her service condition and other matters, he/she may file appeal for redressal of his/her grievances before the District Teachers Appellate Authority. Since, the petitioner has alternative remedy, I am not inclined to entertain this writ application. Accordingly, this application is disposed of with a direction to
Patna High Court CWJC No.25011 of 2019 dt.13-12-2019 3/3 the petitioner to file an appeal before the District Teachers Appellate Authority, Gaya within four weeks from today for redressal of her grievance, who shall consider the same and pass reasoned order, in accordance with law, within a period of six weeks from the date of filing of appeal by the petitioner. 5.
With the aforesaid observations and direction, this writ application is disposed of.
(Rajendra Kumar Mishra, J) Manish/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 13.12.2019 Transmission Date 13.12.2019