IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13729 of 2008 Bharti Kumari Deo, daughter of Late Narayan Deo, Qr. No. F/30 Koshi Colony Birpur, District Supaul……………………………………………………………………………….….Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate Supaul, District Supaul. 3. The Commissioner – cum - Secretary, Primary, Secondary and Adult Education, Bihar, Patna 4. The Commissioner, Koshi Division Saharsa. 5. The District Superintendent of Education-cum- District Programme Convenor, Supaul, District Supaul. 6. The Block Education Extension Officer, Basantpur, District Supaul. 7. The Chief Executive Officer-cum-Executive Officer, Nagar Panchayat, Birpur, District Supaul. 8. The Sub-Divisional Education Officer-cum- Secretary of Member Nagar Teacher Employment Unit, Birpur, District Supaul. 9. Nutan Rana D/o Sri Rudra Narayan Singh C/o Suresh Prasad Singh, Ward No. 9 State Bank near Birpur, P.O. Birpur, District Supaul………………………………..……………………………..…Respondents For Petitioner: M/s Sharda Nand Mishra, Dhananjay Kumar Gupta & Alok Kumar, Advocates For State: Dr. Chandra Sekhar Azad, A.C. to G.A.9 *** 2 08.11.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner’s grievance is that after writ application of respondent no.9 was allowed by order dated 16.05.2008, as contained in Annexure-5, she has been restored in service by Annexure-6 but not in her school, rather in the school of 2 the petitioner by cancellation of appointment of the petitioner. It is submitted that petitioner was appointed as Nagar Teacher whereas respondent no.9 was earlier appointed as Panchayat Teacher in the primary school. Hence, even if her service was to be restored in terms of the orders passed by this Court she had to be restored in service in any primary school and not in the Nagar Parishad school. This dispute raised by the petitioner can be better appreciated and considered by the statutory Appellate Authority constituted under the Rules after 2008 amendment by calling for the original records from the concerned Panchayat concerning the selection process. In the circumstances, the writ application is disposed of with liberty to the petitioner to file a complaint/appeal before the concerned Appellate Authority in accordance with law which shall be considered and disposed of on merits preferably within 3 the time frame fixed by the Rules for disposal of such complaint/appeal after complying with the Principles of Natural Justice. BT (J. N. Singh, J.)