Kumari Archana Dheer Vs. the State of Bihar Andors - Court Judgment

Excerpt:
in the high court of judicature at patna civil writ jurisdiction case no.4737 of 2008.kumari archana dheer, w/o sri sunil mehta, r/o mohalla asha nagar, ward no. 6, p.s soh sarai, district nalanda. petitioner. versus 1 the state of bihar through the secretary, human resources development department, new secretariat, patna. 2.the district magistrate, district nalanda.3. the district education officer, district nalanda.4. the district superintendent of education, district nalanda.5. the block development officer, bihar sharif block, district nalanda.6. the block education extension officer, biharsharif ii, district nalanda.7. the block education extension officer cum block coordinator, biharsharif, district nalanda. 8.the mukhiya, panchayat raj sakraul, block bihar sharif, district nalanda. 9.the secretary, panchayat raj sakraul, block bihar sharif, district nalanda. 10.nirmala kumari, w/o sri birendra prasad r/o mohalla mahalpar, p.o.+ p.s bihar sharif, district nalanda posted as assistant teacher, primary school shankarpur, bihar sharif ii, district nalanda. respondents. ----------------------- 03/ 12.01.2012 having heard counsel for the parties this court is of the firm opinion that the dispute in hand relating to holding the post of incharge headmaster in the school in question of the petitioner at the first instance has to be gone into by the concerned district teachers appellate 2 authority specially when the arrangement on the post of incharge headmaster has to be made by the competent authority in accordance with law. the claim of the petitioner being part of her service condition can definitely be gone into by the authority and therefore, this court would give liberty to the petitioner to file a complaint before the authority which is expected to decide the matter at an early date only after hearing the petitioner and respondent no.10. with the aforementioned observation and direction, this application is disposed of. ranjan (mihir kumar jha, j.)

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.4737 OF 2008.KUMARI ARCHANA DHEER, W/O SRI SUNIL MEHTA, R/O MOHALLA ASHA NAGAR, WARD NO. 6, P.S SOH SARAI, DISTRICT NALANDA. PETITIONER. VERSUS 1 THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 2.THE DISTRICT MAGISTRATE, DISTRICT NALANDA.

3. THE DISTRICT EDUCATION OFFICER, DISTRICT NALANDA.

4. THE DISTRICT SUPERINTENDENT OF EDUCATION, DISTRICT NALANDA.

5. THE BLOCK DEVELOPMENT OFFICER, BIHAR SHARIF BLOCK, DISTRICT NALANDA.

6. THE BLOCK EDUCATION EXTENSION OFFICER, BIHARSHARIF II, DISTRICT NALANDA.

7. THE BLOCK EDUCATION EXTENSION OFFICER CUM BLOCK COORDINATOR, BIHARSHARIF, DISTRICT NALANDA. 8.THE MUKHIYA, PANCHAYAT RAJ SAKRAUL, BLOCK BIHAR SHARIF, DISTRICT NALANDA. 9.THE SECRETARY, PANCHAYAT RAJ SAKRAUL, BLOCK BIHAR SHARIF, DISTRICT NALANDA. 10.NIRMALA KUMARI, W/O SRI BIRENDRA PRASAD R/O MOHALLA MAHALPAR, P.O.+ P.S BIHAR SHARIF, DISTRICT NALANDA POSTED AS ASSISTANT TEACHER, PRIMARY SCHOOL SHANKARPUR, BIHAR SHARIF II, DISTRICT NALANDA. RESPONDENTS. ----------------------- 03/ 12.01.2012 Having heard counsel for the parties this Court is of the firm opinion that the dispute in hand relating to holding the post of Incharge Headmaster in the school in question of the petitioner at the first instance has to be gone into by the concerned District Teachers Appellate 2 Authority specially when the arrangement on the post of Incharge Headmaster has to be made by the competent Authority in accordance with law. The claim of the petitioner being part of her service condition can definitely be gone into by the Authority and therefore, this Court would give liberty to the petitioner to file a complaint before the Authority which is expected to decide the matter at an early date only after hearing the petitioner and respondent no.

10. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)