Patna High Court - Orders
Shantosh Kumar Das vs The State Of Bihar & Ors on 3 April, 2014
Author: Mihir Kumar Jha
Bench: Mihir Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2275 of 2013
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Shantosh Kumar Das S/O Gulab Das Resident Of Village Ram Bahadurpur,
P.S. Bahadurpur, District Darbhanga At Present Panchayat Teacher Of
Village Mohanpur Gram Panchayat Raj Narhecha, P.S. Baheri, District
Darbhanga.
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Collector, Darbhanga, District
Darbhanga.
2. The Block Development Officer, Baheri, District Darbhanga.
3. The Block Education Extension Officer, Baheri, District Darbhanga.
4. The Mukhiya Gram Panchayat Raj Harhachha.
5. The Previous Panchayat Secretary Of G.P. Raj Harhachha. At Present
Panchayat Secretary Of Raj Muraitha Block Taley, Darbhanga.
6. The Present Panchayat Secretary Of Gram Panchayat Raj Harhachha.
7. The District Programme Officer, District Darbhanga.
8. The District Education Officer, District Darbhanga.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ram Bali Jha, Adv.
For the Respondent/s : Mr. Raj Kumar Singh, AC to SC8
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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
ORAL ORDER
2 03-04-2014Heard learned counsel for the parties.
Having regard to the fact that the petitioner claims to be still working on the post of Panchayat Teacher and that his grievance is confined to payment of his salary for the period since June, 2011, this Court, without expressing any opinion on the merit of the claim of the petitioner and in view of the statutory alternative remedy provided under Rule 18 of the Bihar Panchayat Appointment Rule, 2012, would only give liberty to the petitioner to approach the competent District Teachers Employment Patna High Court CWJC No.2275 of 2013 (2) dt.03-04-2014 2 Appellate Authority (hereinafter to be referred to as 'the Tribunal').
It is, however, made clear that the Tribunal, before passing any order for payment of salary of the petitioner, will firstly look into the genuineness and legality of the appointment of the petitioner as also as to whether the petitioner had worked in the period, in question, for which he is claiming his payment of salary.
With the aforementioned observations and liberty, this application is disposed of.
(Mihir Kumar Jha, J) Rishi/-