IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.15382 OF 2007 RAVI KUMAR,S/O BIDESHI RAM, R/O VILLAGE BHENDA CHAUR, P.O. PHERSHANI, P.S LAUKARIA, DISTRICT WEST CHAMPARAN. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, WEST CHAMPARAN. 3.THE DISTRICT EDUCATION OFFICER, WEST CHAMPARAN. 4.THE BLOCK EDUCATION OFFICER, BAGAHA, DISTRICT WEST CHAMPARAN. 5.THE MUKHIA GRAM PANCHAYAT RAJ BALUA CHATRAUL, DISTRICT WEST CHAMPARAN. 6.THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, BALUA CHATRAUL, DISTRICT WEST CHAMPARAN. 7.THE HEADMASTER, RAJKIYA PRIMARY SCHOOL BALUA, DISTRICT WEST CHAMPARAN. ………………………RESPONDENTS. ----------------- 03/ 21.12.2011 Heard counsel for the parties. Having regard to the fact that the petitioner in this writ application claims payment of arrears of emoluments from 3rd March, 2006 and till date in capacity of Panchayat Shiksha Mitra/Prakhand Shikshak, Balua Panchayat Raj, Balua Chhatraul (Utkram Madhya Vidyalaya), Bagaha Prakhand II, West Champaran and that the petitioner also claims for his being absorbed on the post of Panchayat Shikshak w.e.f 01.07.2006 in view of his earlier engagement as a Panchayat Shiksha Mitra w.e.f 03.03.2006, 2 this Court would find out that such claim for payment of arrears of salary being part of service condition, the petitioner has statutory alternative remedy before the District Teachers Appellate Authority. The fact as to whether the petitioner’s appointment on the post of Panchayat Shiksha Mitra was made in the prescribed manner and whether the petitioner was also allowed to join the post after completing the training is essentially a question of fact which can be verified only from the connected records of Panchayat and the School. This Court would accordingly give liberty to the petitioner to file his complaint before the District Teachers Appellate Authority in terms of Rule-18 of Bihar Panchayat Shikshak Appointment Rules- 2006 within a period of six weeks from today. If such a complaint is filed within the aforementioned period, the District Teachers Appellate Authority shall decide the issue on merits without non suiting him on the ground of delay/limitation if any. It goes without saying that any order that 3 may be passed by the Authority must be a reasoned order and would be passed only after affording opportunity of hearing to the petitioner and other affected persons. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)