High Court Patna High Court - Orders

Md.Margub Alam vs The State Of Bihar &Amp; Ors on 17 August, 2010

Patna High Court – Orders
Md.Margub Alam vs The State Of Bihar &Amp; Ors on 17 August, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CWJC No.2587 of 2009
                   Md.Margub Alam, son of Md. Mansoor Alam,
                   Resident of village Darha P.S. Dogarwa P.O.
                   Mohamadia, District Purnea.......Petitioner
                                    Versus
                   1. The State of Bihar through it's Secretary,
                   Primary,     Adult     Education    Department,
                   Government of Bihar, Patna.
                   2. The District Magistrate cum Chairman,
                   Sarvsiksha Abhiyan, Purnea
                   3. The District Superintendent of Education-
                   cum-District    Project    Officer,  Sarvsiksha
                   Abhiyan District Purnea.
                   4. The Block Education Extension Officer,
                   Sarvshiksha Abhiyan Block Dagarwa, Purnea
                   5. The Panchayat Sewak-cum-Secretary, Gram
                   Panchayat Raj- Ichaloo under Block Dagarwa
                   District Purnea
                   6. The Mukhia Gram Panchayat Raj Ichaloo
                   under       Block        Dugarwa,      District
                   Purnea.........................Respondents
                                     --------

3. 17.08.2010 Heard learned counsel for the

petitioner and learned counsel for the State.

Learned counsel for the petitioner as

well as learned counsel for the State informs

this Court that now 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 functional

and are now efficacious alternative forums

available to the petitioner and others for

consideration of their grievances.

                            In    view       of    the   submissions    of      the

                  learned        counsels         and    in   view      of      the
                           -2-




      availability         of        the   efficacious        alternative

forum for consideration of matters relating to

employment of Shiksha Mitra/Panchayat Shikshak,

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 his grievance. In case such an

application is filed by the petitioner, the

Appellate Authority shall consider the same and

all documents enclosed including orders of this

Court in identical matters, if produced

therewith 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.

B.T                            (J. N. Singh, J.)