IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6449 of 2009 ====================================================== Nutan Kumari, D/o Shri Kaushal Kishore Sharma, resident of village – Sameshwarnath Colony, P.S. Hajipur, District – Vaishali, at present posted as Teacher, Primary School, Sishushala, Chakramdas, Vaishali. .... .... Petitioner. Versus 1. The State of Bihar. 2. District Superintendent of Education, Vaishali. 3. Block Education Extension Officer, Vaishali. 4. Panchayat Sachiv, Gram Panchayat Raj Bhagwatpur, District – Vaishali. 5. Director, Primary Education, Bihar, Patna. 6. District Magistrate, Vaishali at Hajipur. .... .... Respondents. ====================================================== Appearance : For the Petitioner : Mr. Uma Kant Tiwary, Advocate For the State : Mr. Jaishankar Barnwal, SC 1. Mr. Sanjay Kumar, AC to SC 1. ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 04/ 09-09-2011 Heard counsel for the petitioner and counsel appearing for the State. Petitioner was appointed as trained teacher and joined at Primary School, Shishusala Chakramdas within the jurisdiction of Gram Panchayat Raj, Bhagwatpur. She had been appointed vide letter No. 53 issued by the Panchayat Secretary, Bhagwatpur dated 29.11.2007. Since, petitioner was not paid her salary she filed this application for a direction to the respondents for making payment of arrears of salary and the current salary. During the pendency of the writ application, a letter of termination has been issued against Patna High Court CWJC No.6449 of 2009 (4) dt.09-09-2011 2 / 2 2 the petitioner by the Panchayat Secretary as directed by the D.S.E., Vaishali. The termination order has been issued on the ground that the petitioner has obtained her teacher’s training certificate from an unrecognized Institution. Considering the fact that petitioner has now been terminated, she has an alternative remedy available by filing an appeal before the District Teachers Employment Appellate Tribunal. This application is being disposed of, without considering its merit, in order to give liberty to the petitioner for filing an appeal before the statutory forum. In case the petitioner prefers an appeal before the District Teachers Employment Appellate Tribunal, Vaishali within four weeks from today, that should be considered on merit and disposed of within three months from the date of filing of appeal. The Tribunal will also decide the issue relating to payment of salary to the petitioner for the period she has worked. DKS/ (Mridula Mishra, J)