Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1095 of 2025 ======================================================
1. Shyam Sundar Prasad S/o Bagdeu Prasad R/o Village - Nawagawan, P.S. Sonhan, District - Kaimur, Bihar
2. Sarita W/o Daya Kumar R/o Village Dhankadha, P.O. Dhowdarh, District - Rohtas, Bihar
3. Anil Kumar Gupta S/o Ramashish Sah R/o Village - Balesar, P.O. Shaukhra, District - Kaimur, Bihar
4. Dilip Kumar S/o Tulsi Prasad R/o Village Bhabhua, P.O. Bhabhua, District - Kaimur, Bihar
5. Sarita Kumari W/o Suresh Kumar Bharti R/o Village - Ratwar, P.O. - Ratwar, P.S. - Bhabhua, District - Kaimur, Bihar
6. Mahendra Ram S/o Ghurfekan Ram R/o Village Gangapur, P.O. - Durgawati, District - Kaimur, Bihar
7. Suresh Kumar Bharti S/o Mahesh Ram R/o Village - Ratwar, P.O. - Ratwar, P.S. - Bhabhua, District - Kaimur, Bihar
8. Parvati Kumari W/o Manas Kumar R/o Village - Dandavas, P.O. - Mujan, District - Kaimur, Bihar
9. Anju Kumari W/o - Gyan Prakash Gupta R/o Village - Ward No. 6, NH - 84, P.S. - Churamanpur, District - Buxar, Bihar
10. Yasmeen Bano W/o - Mohd. Yusuf Rain R/o Village - Bhabhua, District - Kaimur, Bihar
11. Rikesh Patel W/o - Nirakar Singh R/o Village - Sikathi, P.O. - Bhabhua, District - Kaimur, Bihar ... ... Petitioner/s Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Principal Secretary, Education Department, Bihar, Patna.
3. The Director, Primary Education, Department of Education, Bihar, Patna
4. The District Magistrate, Kaimur at Bhabhua.
5. The District Education Officer, Kaimur at Bhabhua.
6. The District Programme Officer (Establishment), Kaimur at Bhabhua.
7. The Block Development Officer, Bhabhua Block, Kaimur at Bhabhua. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Ankit Katriar, Advocate For the Respondent/s : Mr.Government Pleader (20) ======================================================
Patna High Court CWJC No.1095 of 2025(3) dt.21-04-2025 2/4
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 3 21-04-2025
1. Heard learned counsel for the parties concerned.
2. The petitioners have filed the present writ application for a direction to the respondent- authorities to pay their salary, which has been stopped since May/ October, 2023 on the frivolous ground that their appointment as Panchayat Teacher in 2008 was not legal.
3.
Learned counsel for the petitioners submits that petitioners were duly appointed as Panchayat Teachers by the Selection Committee in the year 2008 and have been working as Panchayat Teachers under Gram Panchayat-Manihari, Block- Bhabhua, District- Kaimur. The petitioners were getting the salary, however the salary has been stopped since October, 2023. He further submits that one appeal was filed before the District Appellant Authority, Kaimur at Bhabhua by one Sri Niwas Tiwary bearing Appeal Case No. 16 of 2023, in which the District Appellate Authority directed the respondent- State to release the salary of the Teachers of Manihari Gram Panchayat. Despite the order passed by the District Appellate Authority, Kaimur at Bhabhua and consequential order issued by the District Programme Officer
Patna High Court CWJC No.1095 of 2025(3) dt.21-04-2025 3/4 (Establishment), Kaimur at Bhabhua dated 30.08.2023, the salary of the petitioners has not been released.
4.
Learned counsel for the State submits that Block Education Officer, Kaimur filed an appeal before the State Appellate Authority, Bihar in Appeal No. 129 of 2024, in which petitioners are parties. Accordingly, the petitioners may be directed to pursue their remedy before the State Appellate Authority, inasmuch as two parallel remedies cannot be availed by the petitioners.
5. Having heard learned counsel for the parties and taking into consideration the nature of prayer made in the writ petition and the fact that the State has preferred an appeal before the State Appellate Authority bearing Appeal No. 129 of 2024 against the order passed by the District Appellate Authority, directing the respondents to pay the salary of the petitioners, this writ application is disposed with liberty to the petitioners to appear in appeal filed by the State Appellate Authority bearing Appeal No. 129 of 2024, within a period of 15 days from today. After appearance of the petitioners in appeal, the State Appellate Authority shall dispose the appeal within a period of three months from the date of appearance of the petitioners.
Patna High Court CWJC No.1095 of 2025(3) dt.21-04-2025 4/4
6. With the aforesaid observations and directions, the present writ application is disposed.
rinkee/- (Anil Kumar Sinha, J) U