IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.470 of 2008
Rani Kumari, wife of Shri Shiv Ranjan
Chaudhary, resident of Village - Kewata, P.S.
Dalsingsarai, District Samastipur...Petitioner
Versus
1. The State Of Bihar.
2. The Secretary, Human Resources Development
Department, Govt. of Bihar, Patna.
3. The Director, Panchayati Raj, Bihar, Patna.
4. The Districts Magistrate, Samastipur.
5. The Sub-Divisional Officer, Dalsingsarai,
District Samastipur.
6. The Block Development Officer, Dalsingsarai,
District Samastipur.
7. The Mukhiya, Kewata Panchayat, Block-
Dalsingsarai, District Samastipur.
8. The Sachiv, Kewata Panchayat, Block
Dalsingsarai, District Samastipur.
9. Smita Kumari, daughter of Sri Arun Kumar,
posted as Panchayat Shikshak, Kewata
Panchayat, Block Dalsingsarai, District
Samastipur..............................................................Respondents
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For the Petitioner: Mr. Birju Prasad, Advocate
For the State : Mr. Santosh Kumar,
A.C. to G.A. No.6
2 26.08.2010 Learned counsel for the petitioner as
well as learned counsel for the State inform
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 her 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.
(J. N. Singh, J.)
BT