Writ petition seeking salary arrears for a reinstated Panchayat Teacher. The Court noted that an appeal for salary was pending before the District Appellate Authority. The writ was disposed of with a direction to the Authority to decide the appeal within four months.
Direction to District Appellate Authority to dispose of pending appeal within four months.
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.18357 of 2019
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Kumari Nirmala W/o Sanjeev Kumar Vill.- Khushhalchak, P.s.- Bhadaur, Distt.- Patna at present residing D/o Late Dwarika Pd. resident of Vill.Hanuman Bigha, P.s.- Kahsichak Distt.- Nawada
Versus
====================================================== Appearance : For the Petitioner/s : Mr.Rabindra Prasad Singh For the Respondent/s : Mr.Madanjeet Kumar (Gp20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
Patna High Court CWJC No.18357 of 2019(6) dt.19-09-2024 2/4
along with seventeen other candidates, which was cancelled by the concerned respondent on 05.09.2008. The petitioner challenged the cancellation of her appointment in a writ application bearing CWJC No. 6726 of 2010, which was disposed subject to the outcome of the criminal case and another writ against her termination bearing CWJC No. 591 of 2014 was also dismissed as withdrawn.
Patna High Court CWJC No.18357 of 2019(6) dt.19-09-2024 3/4
pending. Pursuant to the order passed in the LPA, the Mukhiya of the Gram Panchayat vide his letter 02.01.2018 reinstated the petitioner also with effect from 05.01.2018.
Patna High Court CWJC No.18357 of 2019(6) dt.19-09-2024 4/4
that petitioner has already filed Appeal before the District Appellate Authority, Sheikhpura bearing Appeal No. 09 of 2019 which is still pending, accordingly, I feel it expedient to dispose the present writ application with a direction to the District Appellate Authority, Sheikhpura to dispose the Appeal of the petitioner in accordance with law within a period of four months from the date of receipt / production of a copy of this order.
(Anil Kumar Sinha, J)
praful/-
U
2 issues framed by the court
Whether the petitioner is entitled to arrears of salary for the period after reinstatement?
Whether the writ court should entertain the claim when an alternative statutory remedy is pending?
Kumari Nirmala
The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar
The Director Department of Primary Education, Govt. of Bihar
The District Magistrate Sheikhpura
The District Education Officer Sheikhpura
The District Programme Officer (Establishment) Sheikhpura
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
