High Court Patna High Court - Orders

Birendra Prasad vs The State Of Bihar &Amp; Ors on 16 August, 2010

Patna High Court – Orders
Birendra Prasad vs The State Of Bihar &Amp; Ors on 16 August, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CWJC No.3987 of 2009
              Birendra Prasad, son of Shri Rameshwar Prasad,
              resident of village Meerjumla, P.O. Chakia, P.S.
              Bhagwanpur Hat, District- Siwan, at present posted
              and working as Panchayat Teacher in Upgraded
              Middle School Urdu, Meerjumla, Anchal- Bhagwanpur
              Hat-II, District- Siwan            .............. Petitioner
                                     Versus
             1.The State Of Bihar
             2.The    Principal    Secretary,     Human   Resources
                Development Department, Government of Bihar,
                Patna
             3.The Director, Primary Education, Bihar, Patna
             4.The Divisional Commissioner, Saran Division at
                Chapra
             5.The Regional Development Officer, Saran Division,
                Chapra
             6.The District Magistrate, Siwan
             7.The Deputy Development Commissioner-cum-Chairman,
                District   Education    Establishment    Committee,
                Siwan
             8.The District Superintendent of Education, Siwan
             9.The Block Development Officer, Bhagwanpur Hat,
                District- Siwan
             10.The    Block    Education     Extension    Officer,
                Bhagwanpur Hat-II, District- Siwan
             11.Gram   Panchayat   Raj   Meer   Jumla   represented
                through its Mukhiya Sri Shambhu Ram, resident of
                village Juafar, P.S. Bhagwanpur Hat, District-
                Siwan
             12.The Mukhiya of Gram Panchayat Raj Meerjumla,
                Block- Bhagwanpur Hat, District- Siwan
             13.The Panchayat Secretary, Gram Panchayat Raj Meer
                Jumla, Block- Bhagwanpur Hat, District- Siwan
             14.The Headmaster, Upgraded Middle School Urdu,
                Meerjumla, Anchal- Bhagwanpur Hat-II, District-
                Siwan
                                                ................ Respondents
                                 -----------

2. 16/08/2010 Learned counsels agree that the

Appellate Authorities constituted by the State

Government under Rule 18 of the Bihar Panchayat

Prarambhik Shikshak (Niyojan Avam Seva Sart)

Niyamvali, 2006 (as amended by Amendment Act,

2008) are now functional and hence an
2

efficacious alternative forums is available to

the petitioner and others for consideration of

all their grievances in respect of their

employment.

In the circumstances, the writ

application is disposed of with liberty to the

petitioner to file an appropriate application

before the concerned Appellate Authority, if

not already filed, for redressal of her

grievances. In case such an application is

filed by the petitioner within one month, the

Appellate Authority shall consider the same and

all documents enclosed therewith, including

orders of this Court in identical matters, if

produced, and other relevant records and make

all endeavours to dispose of the same on its

own merits after hearing the parties concerned

by a speaking order, preferably within the time

prescribed under the Rules for the purpose,

without going into the question of limitation.

It is made clear that this Court has

not expressed any opinion with regard to the

merits of the claim of the petitioner.

Pradeep/                          ( J. N. Singh,J.)