Alok Chandra Kumar vs The State Of Bihar & Ors on 14 July, 2011

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CWJC No.841 of 2008
                  ALOK CHANDRA KUMAR, S/O LATE DHRUB NARAYAN,
                  R/O VILLAGE-CHORMA, POST-CHORMA, P.S.-PAKARI
                  DAYAL, DISTRICT-EAST CHAMPARAN AT MOTIHARI.
                                              ..................PETITIONER.
                                      Versus
                     1. THE STATE OF BIHAR.
                     2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES
                        DEVELOPMENT DEPARTMENT, GOVERNMENT OF
                        BIHAR, PATNA.
                     3. THE DIRECTOR, PRIMARY EDUCATION, HUMAN
                        RESOURCES DEVELOPMENT DEPARTMENT,
                        GOVERNMENT OF BIHAR, PATNA.
                     4. THE DISTRICT MAGISTRATE, EAST CHAMPARAN
                        AT MOTIHARI,DISTRICT-EAST CHAMPARAN.
                     5. THE DISTRICT SUPERINTENDENT OF
                        EDUCATION, EAST CHAMPARAN AT MOTIHARI,
                        DISTRICT-EAST CHAMPARAN.
                     6. THE BLOCK DEVELOPMENT OFFICER, MADHUBAN,
                        DISTRICT-EAST CHAMPARAN.
                     7. THE BLOCK EDUCATION EXTENSION OFFICER,
                        MADHUBAN, DISTRICT-EAST CHAMPARAN.
                     8. THE MUKHIYA OF GRAM PANCHAYAT RAJ,
                        KRISHNA NAGAR CUM CHAIRMAN, BLOCK-
                        MADHUBAN, DISTRICT-EAST CHAMPARAN.
                     9. THE PANCHAYAT SECRETARY OF GRAM
                        PANCHAYAT RAJ, KRISHNA NAGAR, BLOCK-
                        MADHUBAN, DISTRICT-EAST CHAMPARAN.
                     10.THE HEADMASTER, PRIMARY SCHOOL, BARA
                        MANGRU, PANCHAYAT, KRISHNA NAGAR, BLOCK-
                        MADHUBAN, DISTRICT-EAST CHAMPARAN.
                     11.ABHY KUMAR, S/O NOT KNOWN TO THE
                        PETITIONER, PRESENTLY POSTED AS
                        PANCHAYAT TEACHER, PRIMARY SCHOOL, BARA
                        MAGRU, PANCHAYAT-KRISHNA NAGAR,
                        DISTRICT-EAST CHAMPARAN.............RESPONDENTS.
                                -----------

5 14.07.2011 The case of the petitioner is that

though he was issued appointment letter on

10.04.2007, as contained in Annexure-2, when

he went to join in the school as Panchayat

Teacher his joining was refused by the

headmaster saying that there was no vacancy.
2

Hence, the petitioner has filed this writ

application.

Petitioner has an alternative remedy

before the statutory Appellate Authority

constituted under the Rules. Hence, he is

granted liberty to file a complaint before the

Appellate Authority in the matter within four

weeks from today. If he does so, the Appellate

Authority shall issue notice to the concerned

parties, call for the original records and

shall decide the matter, preferably within the

time limit fixed in the Rules for disposal of

such complaints.

The writ application is disposed of

with the aforesaid observations and

directions.

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