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Amit Kumar Singh &Amp; Ors vs The State Of Bihar &Amp; Ors on 29 October, 2010

Patna High Court – Orders
Amit Kumar Singh &Amp; Ors vs The State Of Bihar &Amp; Ors on 29 October, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CWJC No.15480 of 2008
                   1. AMIT KUMAR SINGH, S/O SHRI RAJENDRA SINGH,
                   R/O VILLAGE-PAKHOPALI, P.O.-RUDALPUR, P.S.-
                   BAHORE, DISTRICT-GOPALGANJ.
                   2. BINAY KUMAR DVIVEDI, S/O RAJ MANGAL
                   DVIVEDI, R/O VILLAGE+POST-SISAI, TOLA-
                   HATHIHAR CHAPAR, P.S.-BHOREY, DISTRICT-
                   GOPALGANJ.
                   3. KUMARI SUNITA, D/O GHAGRU PRASAD, R/O
                   VILLAGE-MATHIYA, P.O.-SASAI, P.S.-BHOREY,
                   DISTRICT-GOPALGANJ.       .....................PETITIONERS.
                                       Versus
                   1. THE STATE OF BIHAR.
                   2. THE DISTRICT MAGISTRATE, GOPALGANJ,
                   DISTRICT-GOPALGANJ.
                   3. THE DISTRICT SUPERINTENDENT OF EDUCATION,
                   GOPALGANJ, DISTRICT-GOPALGANJ.
                   4. THE BLOCK EDUCATION EXTENSION OFFICER,
                   BHORE, P.O.+P.S.-BHOREY, DISTRICT-GOPALGANJ.
                   5. THE BLOCK DEVELOPMENT OFFICER, BHOREY,
                   DISTRICT-GOPALGANJ.
                   6. MUKHIYA, GRAM PANCHAYAT, SISAI, P.S.-
                   SISAI, DISTRICT-GOPALGANJ. ...............RESPONDENTS.
                                 -----------

4 29.10.2010 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 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(s) to file an

appropriate appeal/application before the concerned

Appellate Authority, if not already filed, for redressal of
2

his/her/their grievances. In case such an

appeal/application is filed by the petitioner(s) 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 merits in reference to the original records

after hearing the parties concerned by a speaking order,

preferably within the time prescribed under the Rules for

the purpose, by condoning the delay, if any. No order of

any authority, passed earlier in terms of Rule 18, as it

stood prior to amendment, or any order passed by any

authority of the Government at the District level shall be

treated as impediment in consideration of the matter

judiciously on merits in terms of this order.

It is made clear that this Court has not

expressed any opinion with regard to the merits of the

claim of the petitioner(s).

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

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