IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1268 of 2008 1. PRAVEEN KUMAR, S/O LATE RAMAYAN SINGH, R/O VILLAGE-BIRPUR, P.O.-NAGWAN, P.S.-NAUBATPUR, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL BIRPUR, ANCHAL-NAUBATPUR, DISTRICT-PATNA. 2. MADHUMALA DEVI, D/O PASHUPATI PRASAD GUPTA, W/O SRI ARVIND KUMAR, R/O VILLAGE AND P.O.-NAUBATPUR, P.S.-NAUBATPUR, DISTRICT- PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL SELHAURI, ANCHAL-NAUBATPUR, DISTRICT-PATNA. 3. BIJENDRA KUMAR, S/O SHRI SHARDA PRASAD SINGH, R/O VILLAGE-PAKARI, P.O.-AMHARA, P.S.- BIHTA, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. MIDDLE SCHOOL-HIRAMANPUR PAKARI, ANCHAL-BIHTA, DISTRICT-PATNA. 4. LAL MOHAN CHAUDHARY, S/O SHRI JAI KISHUN CHAUDHARY, R/O VILLAGE AND P.O.-TARANAGAR, P.S.-BIHTA, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL TARWAN, ANCHAL-BIHTA, DISTRICT-PATNA. 5. SANJAY KUMAR, S/O DEONATH SINGH, R/O VILLAGE-SHIKARPUR, P.S.-SHAHPUR, ANCHAL- DANAPUR, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL SHIVCHAK, ANCHAL-DANAPUR-I, DISTRICT-PATNA. 6. RAMNATH PRASAD, S/O SHRI CHANDRADEEP RAY, R/O VILLAGE-LAXMICHAK, P.O.-SARAY, P.S.- SHAHPUR, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL HANUMANGANJ, ANCHAL-DANAPUR-I, DISTRICT-PATNA. 7. ANIL KUMAR, S/O HARI CHARAN RAY, R/O VILLAGE-MANAS, P.S.-DANAPUR, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL WAKIL RAM KE TOLA, ANCHAL-DANAPUR, DISTRICT-PATNA. 8. DINESH PRASAD, S/O SHRI RAM PRASAD PASWAN, R/O VILLAGE-KARSA, P.O. AND P.S.-BIKRAM, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL UDARCHAK, ANCHAL-BIKRAM, DISTRICT-PATNA. 9. RAMESH PASWAN, S/O SHRI JAI NARAYAN PASWAN, R/O VILLAGE-BAIGWAN, P.O.-WAZIRPUR, P.S.-BIKRAM, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN 2 GOVT. MIDDLE SCHOOL PAINAPUR BAIGWAN, ANCHAL- BIKRAM-II, DISTRICT-PATNA. 10.SHIVA SHANKAR RAVIDAS, S/O MUNSHI MOCHI, R/O VILLAGE-MAHAJPURA, P.O.-MAHAJPURA, P.S.- BIKRAM, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL MAHAJPURA JHUGGI JHOPRI, ANCHAL- BIKRAM, DISTRICT-PATNA. 11.YOGENDRA DAS, S/O LATE SHRI CHANDRADEEP DAS, R/O VILLAGE-CHICHAURHA, P.O.-BENIBIGHA, P.S.-BIKRAM, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL CHICHAURHA, ANCHAL- BIKRAM-II, DISTRICT-PATNA. 12.ANIL KUMAR, S/O SHRI LAL BIHARI YADAV, R/O VILLAGE-LAHLADPUR, P.O.-SAIDABAD, P.S.- RANITALAB (BIKRAM), DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL LAHLADPUR, ANCHAL-BIKRAM, DISTRICT-PATNA. 13.VIBHA KUMARI, D/O SHRI CHANDRIKA PRASAD SINGH, W/O SHRI ARUN KUMAR SINGH, R/O VILLAGE-BHADSARA, P.O.-GORKHARI, P.S.-BIKRAM, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL SUNDARPUR MUSAHARI, ANCHAL-BIKRAM-II, DISTRICT-PATNA. 14.RAM NARAYAN MOCHI, S/O SITARAM MOCHI, R/O VILLAGE-LAHLADPUR, P.O.-SAIDABAD, P.S.- RANITALAB (BIKRAM), DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. URDU MIDDLE SCHOOL JANPARA, ANCHAL-BIKRAM, DISTRICT-PATNA. 15.ARTI KUMARI, D/O VIJAY SINGH YADAV, W/O DHURANDHAR SINGH, R/O VILLAGE-AMNABAD, P.O.- KATESAR, P.S.-BIHTA, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. MIDDLE SCHOOL KATESHAR, ANCHAL-BIHTA, DISTRICT-PATNA. 16.VIBHA SHARMA, D/O SHRI GOBARDHAN PRASAD SHARMA, W/O SHRI SANTOSH SHARMA, R/O VILLAGE- CHIHUTA, P.O.-BENIBIGHA, P.S.-BIKRAM, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL CHIHUTA, ANCHAL-BIKRAM, DISTRICT-PATNA. ……………………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 4. THE DIVISIONAL COMMISSIONER, PATNA DIVISION, PATNA. 5. THE DISTRICT MAGISTRATE, PATNA. 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN, THE DISTRICT EDUCATION ESTABLISHENT COMMITTEE, PATNA. 7. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, PATNA DIVISION, PATNA. 8. THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA. 9. THE BLOCK DEVELOPMENT OFFICER, NAUBATPUR, DISTRICT-PATNA. 10.THE BLOCK EDUCATION EXTENSION OFFICER, NAUBATPUR-I, DISTRICT-PATNA. 11. THE BLOCK EDUCATION EXTENSION OFFICER, NAUBATPUR-II, DISTRICT-PATNA. 12.THE BLOCK DEVELOPMENT OFFICER, BIKRAM, DISTRICT-PATNA. 13. THE BLOCK EDUCATION EXTENSION OFFICER, BIKRAM-I, DISTRICT-PATNA. 14. THE BLOCK EDUCATION EXTENSION OFFICER, BIKRAM-II, DISTRICT-PATNA. 15.THE BLOCK DEVELOPMENT OFFICER, BIHTA, DISTRICT-PATNA. 16.THE BLOCK EDUCATION EXTENSION OFFICER, BIHTA-I, DISTRICT-PATNA. 17.THE BLOCK EDUCATION EXTENSION OFFICER, BIHTA-II, DISTRICT-PATNA. 18.THE BLOCK DEVELOPMENT OFFICER, DANAPUR, DISTRICT-PATNA. 19.THE BLOCK EDUCATION EXTENSION OFFICER, DANAPUR-I, DISTRICT-PATNA. 20.THE BLOCK EDUCATION EXTENSION OFFICER, DANAPUR-II, DISTRICT-PATNA. 21.THE MUKHIYA GRAM PANCHAYAT RAJ NAUBATPUR, BLOCK-NAUBATPUR, DISTRICT-PATNA. 22. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ NAUBATPUR, BLOCK-NAUBATPUR, DISTRICT- PATNA. 23.THE MUKHIYA GRAM PANCHAYAT RAJ KANCHANPUR KHARAGPUR ANCHAL BIHTA, DISTRICT-PATNA. 24. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ KANCHANPUR KHARAGPUR ANCHAL BIHTA, DISTRICT-PATNA. 25. THE MUKHIYA GRAM PANCHAYAT RAJ TARANAGAR ANCHAL BIHTA, DISTRICT-PATNA. 26. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ TARANAGAR ANCHAL BIHTA, DISTRICT-PATNA. 27.THE MUKHIYA GRAM PANCHAYAT RAJ HATHIYAKANH, ANCHAL DANAPUR, DISTRICT-PATNA. 4 28. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ HATHIYAKANH, ANCHAL DANAPUR, DISTRICT- PATNA. 29.THE MUKHIYA GRAM PANCHAYAT RAJ MANAR, ANCHAL-DANAPUR, DISTRICT-PATNA. 30. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ MANAR, ANCHAL-DANAPUR, DISTRICT-PATNA. 31.THE MUKHIYA GRAM PANCHAYAT RAJ AKATYARPUR, ANCHAL-BIKRAM, DISTRICT-PATNA. 32.THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ AKTYARPUR, ANCHAL-BIKRAM, PATNA. 33.THE MUKHIYA GRAM PANCHAYAT RAJ BENIBIGHA, ANCHAL-BIKRAM, DISTRICT-PATNA. 34.THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ BENIBIGHA, ANCHAL-BIKRAM, DISTRICT-PATNA. 35.THE MUKHIYA GRAM PANCHAYAT RAJ MAHAJPURA, ANCHAL-BIKRAM, DISTRICT-PATNA. 36.THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ MAHAJPURA, ANCHAL-BIKRAM, DISTRICT-PATNA. 37.THE MUKHIYA GRAM PANCHAYAT RAJ SAIDABAD KANPA ANCHAL-BIKRAM, DISTRICT-PATNA. 38.THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ SAIDABAD, ANCHAL-BIKRAM, DISTRICT-PATNA. 39.THE MUKHIYA GRAM PANCHAYAT RAJ MANER TELPA ANCHAL-BIKRAM, DISTRICT-PATNA. 40.THE MUKHIYA GRAM PANCHAYAT RAJ KATESAR, ANCHAL-BIHTA, DISTRICT-PATNA. 41.THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ KATESAR, ANCHAL-BIHTA, DISTRICT-PATNA. …………………RESPONDENTS. ----------- 4 09.09.2010 Learned counsels agree that the Appellate Authorities constituted by the State Government under Rule 18 of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Sart) Niyamvali, 2006 (as amended by Amendment Act, 2008) are now functional and hence an efficacious alternative forums is available to the petitioner and others for consideration of all their grievances in respect of their employment. In the circumstances, the writ application is 5 disposed of with liberty to the petitioner(s) to file an appropriate appeal/application before the concerned Appellate Authority, if not already filed, for redressal of his/her/their grievances. In case such an appeal/application is filed by the petitioner(s) within one month, the Appellate Authority shall consider the same and all documents enclosed therewith, including orders of this Court in identical matters, if produced, and other relevant records and make all endeavours to dispose of the same on merits in reference to the original records after hearing the parties concerned by a speaking order, preferably within the time prescribed under the Rules for the purpose, by condoning the delay, if any. No order of any authority, passed earlier in terms of Rule 18, as it stood prior to amendment, or any order passed by any authority of the Government at the District level shall be treated as impediment in consideration of the matter judiciously on merits in terms of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner(s). Arvind/ ( J. N. Singh, J.)