In a writ petition seeking promotion opportunity and salary arrears, the Court held that the petitioner is amenable to the mandatory jurisdiction of the District Appellate Authority. Consequently, the writ petition was dismissed.
The writ petition is dismissed with liberty to file an appeal before the concerned District Appellate Authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.635 of 2023
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Shakera Khatoon Wife of Quazi Gulam Murtoza and Daughter of Quazi Fazlur Rahman, Resident of Village- Sahzana Kaparanda, P.O.- Porela, Anchal and Pakhand- Azamnagar, District- Katihar. At present Working as Prakhand Teacher in upgraded Middle School Malikpur under Gram Panchayat , Under Prakhand and Anchal- Ajamnagar, Distict- Katihar.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Suresh Prasad Bhakta, Adv. For the Respondent/s : Smt. Binita Singh (SC 28) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
2 03-02-2023
Heard the parties through virtual mode.
prayed as under :-
“1. That the present writ petition is being filed for the following reliefs -
(i) For issuance of appropriate writ/ order/ direction commanding the respondent authorities concerned to provide opportunity to petitioner to qualified in Assessment (Efficiency Test) for enabling promotion in graduate grade from basic grade of Panchayat teacher as per provisions of
Patna High Court CWJC No.635 of 2023(2) dt.03-02-2023
2/2
Rule-5 under Bihar Panchayat Elementary School Service (Appointment, Promotion, Disciplinary proceeding and Service Condition), Rules 2020.
(ii) For issuance of appropriate writ/ order/ direction commanding the respondent authorities concerned to make payment of deference of salary occurred since from 1.04.2021 as per resolution no. 11/1-8/2013 2257 dated 29.08.2020 and memo no. 11/1-08/2013 1816 dated 12.11.2021 (Annexure-4 Series) to the petitioner as early as possible.
(iii) For any other relief/ reliefs in which the petitioner is entitled in the facts and circumstances of case.”
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 file appeal before the concerned District Appellate Authority.
(Sanjeev Prakash Sharma, J)
Sachin/Item No. 30
U
2 issues framed by the court
Whether a writ petition seeking promotion opportunity and salary arrears by a Panchayat teacher should be disposed of by this Court after admitting jurisdiction?
Whether the remedy lies in approaching the District Appellate Authority instead of the High Court?
Colour shows how this judgement treated each authority
Suresh Ram Vs. The State of Bihar & Ors.Applied¶34
C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.)
Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.Referred¶34
C.W.J.C. No. 34 of 2022
Shakera Khatoon
State of Bihar
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
