Kumari Suman @ Km. Suman vs The State Of Bihar
2023 Latest Caselaw 873 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.13163 of 2022
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Kumari Suman @ Km. Suman Wife of Sri Raja Kumar Ram, Resident of Village - Majirwa Kala, P.O. - Radhaganj, P.S. - Phulwariya, District - Gopalganj, Presently posted as Panchayat Teacher in Govt. Primary School, Turpatti, Block- Hathua, District - Gopalganj.

... ... Petitioner/s Versus

1. The State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

2. The District Education Officer, Gopalganj.

3. The District Programme Officer (Establishment), Gopalganj.

4. The Block Education Officer, Hathua, P.O. and P.S. - Hathua, District-

Gopalganj.

5. The Headmaster, Govt. Primary School, Turpatti, Block- Hathua, District-

Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate For the Respondent/s : Mr. Madanjeet Kumar, GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT

Date : 21-02-2023

Heard learned counsel for the parties.

2. The petitioner, by way of this writ petition, has

prayed as under:-

Patna High Court CWJC No.13163 of 2022 dt.21-02-2023

"1. That the present writ petition is being preferred for issuance of an appropriate writ/writs in nature of MANDAMUS for commanding and directing concern authorities regarding payment of wages/salary from her joining i.e. March, 2022 to till date for her continuous works against the respective post, which remains unpaid arbitrarily and unreasonable even ignoring the different orders/communications passed by authorities themselves not to withholds the due payment as well as the rights of individuals under Article 23 of Constitution of India and for the payment of interest on delayed payments in addition to litigating cost also for unnecessary harassment and for the other necessary relief/relief's on the basis of the facts and circumstances of the case as stated hereinafter."

3. Admittedly, the petitioner is a Panchayat Teacher

and would be amenable to jurisdiction under the District

Appellate Authority. Keeping in view the law laid down by this

Court in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The

State of Bihar & Ors.) and connected matters reported in 2022

(2) B.L.J. 381, 2022 (2) P.L.J.R. 80 and the Judgment dated

07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @

Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), the

writ petition is dismissed with liberty to the petitioner to file Patna High Court CWJC No.13163 of 2022 dt.21-02-2023

appeal before the concerned District Appellate Authority.

(Sanjeev Prakash Sharma, J) Amrendra/-

Item no. 28

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Uploading Date           22.02.2023
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