Mamta Devi Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Mamta Devi Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of (not dismissed): petitioner granted liberty to withdraw and to take effective steps under Rule 15 of the Bihar State School Teachers and Employees Dispute Redressal Rules, 2015 for compliance of the Appellate Authority's order dated 27.12.2016; she may approach the District Appellate Authority within one month, which must then decide on merit in accordance with law after hearing all concerned by a reasoned and speaking order, completing the exercise within six months of filing; pending I.A.s deemed disposed of. No monetary award; appointment letter not directed by this Court.

Issue for consideration

Maintainability: whether the writ petition, filed to obtain compliance of the Appellate Authority's order dated 27.12.2016 while bypassing the statutory alternative remedy available under Rule 15 of the Bihar State School Teachers and Employees Dispute Redressal Rules, 2015, should be dismissed as not maintainable (raised by counsel for the respondent-State); the petitioner offered to withdraw if permitted to seek compliance through Rule 15. +1 more

Court's answer

In view of the limited nature of the prayer (withdrawal with liberty to pursue compliance through Rule 15, to which respondent-State counsel raised no objection), the Court disposed of the writ application, granting the petitioner liberty to take effective steps in terms of Rule 15 of the Bihar State School Teachers and Employees Dispute Redressal Rules, 2015 for seeking compliance of the order dated 27.12.2016 of the District Teachers Employment Appellate Authority, Siwan, rather than ruling on maintainability or directing issuance of the appointment letter.

Ratio / Principle

The petitioner is granted liberty to approach the District Appellate Authority within one month from the date of passing of this order.

Key takeaways

If such steps are taken within the stipulated time, the District Appellate Authority shall consider and decide the matter on merit, in accordance with law, after giving an opportunity of hearing to the petitioner and all other concerned parties.ratio¶¶33
Any such decision by the District Appellate Authority is to take the form of a reasoned and speaking order.ratio¶¶33
Time-bound completion: the entire exercise before the District Appellate Authority must be completed within a period of six months from the date of the petitioner's filing before that Authority.

Detailed headnote1 paragraphs

PATNA HIGH COURT (Alok Kumar Sinha, J) — oral order dated 10-11-2025 disposing of Civil Writ Jurisdiction Case No.13171 of 2017 (Mamta Devi v. The State Of Bihar and others). The petitioner had sought directions to the Siwan district education authorities to issue her appointment letter in compliance of an order dated 27.12.2016 passed by the District Teachers Employment Appellate Authority, Siwan. Responding to the respondent-State's contention that the petitioner had an alternative remedy under Rule 15 of the Bihar State School Teachers and Employees Dispute Redressal Rules, 2015, and on the petitioner's stated willingness to withdraw, the Court disposed of the writ petition with liberty to take effective steps under Rule 15: the petitioner may approach the District Appellate Authority within one month, which is to decide the matter on merit in accordance with law after hearing the petitioner and all other concerned parties by a reasoned and speaking order, completing the entire exercise within six months of the filing. All pending I.A.s deemed disposed of. The Court issued no ruling on maintainability and gave no direction for issuance of the appointment letter itself.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13171 of 2017

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Mamta Devi wife of Sugendra Kumar Rai Daughter of Shri Nagnarayan Mishra, Resident of Village Khamhouri, Post Office Rajapur, Police Station G.B. Nagar, Tarwara, District- Siwan.

... ... Petitioner/s

Versus

The State Of Bihar

The Director, Primary Education, Bihar, Patna.

The District Magistrate, Siwan.

The District Education Officer, Siwan.

The District Programme Officer Establishment, Siwan.

The Block Development Officer, Daraunda, Block Daraunda, DistrictSiwan.

The Block Education Officer, Daraunda, District Siwan.

The Member, District Teachers Employment Appellate Authority, Siwan.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Respondent/s : Mr.S.C. Mishra, SC-16.

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

3 10-11-2025

Heard learned counsel for the petitioner and learned

counsel appearing for respondent-State.

In the present writ application, the petitioner has prayed for grant of following reliefs :-

“1. That this writ petition is being filed for issuance of an appropriate writ/writs, order/oders, direction/directions to the respondents to issue the appointment letter to the petitioner in compliance of the order dated 27.12.2016 passed by the District Teachers Employment Appellate Authority, Siwan and further for any other relief/reliefs as the petitioner is found entitled to in the facts and

Patna High Court CWJC No.13171 of 2017(3) dt.10-11-2025 2/3

circumstances of the case.

Learned counsel appearing for respondent-State

submits that in this writ application, the petitioner is effectively seeking compliance of the order dated 27.12.2016 passed by the District Teachers’ Employment Appellate Authority, Siwan, for which he has alternative remedy under Rule 15 of the Bihar State School Teachers and Employees Dispute Redressal Rules, 2015. He further submits that this application has been filed by passing the statutory alternative remedy available to the petitioner and hence the writ petition should be dismissed as not maintainable. Learned counsel for the petitioner submits that he is willing to withdraw the present writ application if this Court would consider granting him liberty to approach the District Appellate Authority for compliance of its directions and orders in terms of Rule 15 of the Bihar State School Teachers and Employees Dispute Redressal Rules, 2015.

To this submission being made by learned counsel for the petitioner, learned counsel appearing for respondentState has no objection.

Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to take effective steps in terms of Rule 15 of the Bihar State School Teachers and

Patna High Court CWJC No.13171 of 2017(3) dt.10-11-2025 3/3

Employees Dispute Redressal Rules, 2015, for seeking compliance of the order dated 27.12.2016 passed by the District Teachers Employment Appellate Authority, Siwan.

The petitioner is granted liberty to approach the District Appellate Authority within one month from the date of passing this order and if such steps are taken within the time stipulated then the District Appellate Authority shall consider and decide the same on merit in accordance with law after giving an opportunity of hearing to the petitioner and all other concerned parties, by passing a reasoned and speaking order. The entire exercise must be completed by the District Appellate Authority within a period of six months from the date of filing of the case by the petitioner before the District Appellate Authority.

With the aforesaid observation, direction and liberty granted to the petitioner, the writ petition shall stands disposed of. All pending I.A.s, if any, is deemed to have been disposed of.

(Alok Kumar Sinha, J)

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