IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16221 of 2010 Bhulan Mahto son of Late Gopi Chand Mahto. Resident of Village- Shakara,P.S.-Gautam Budh Nagar, District – Siwan. . ………………..Petitioner. Versus 1. The State Of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2. The Director, Primary Education, Government of Bihar, Patna. 3. The District Magistrate, Siwan. 4. The District Education Superintendent, Siwan. 5. The Block Education Officer, Maharajganj, District- Siwan. 6. The Headmaster, Rajkiya Kanya Madhya Vidyalaya (Upgraded) Shakara Block, Maharajganj, Siwan. 7. The Block Pramukh, Maharajganj, District-Siwan. 8. Panchayat Secretary, Gram Panchayat Raj, Sarangpur, Under Maharajganj Block, District- Siwan. 9. The Mukhiya, Gram Panchayat Raj Sarangpur, Maharajganj,District – Siwan…………….Respondents -------------- 3 14.12.2011 In the counter affidavit the original order terminating the service of the petitioner was brought on record. Petitioner claims that he had not been served with the order and it is for the first time that the same has come to his knowledge. In the circumstance, he prayed for time for filing an interlocutory application for amendment in the prayer in writ application with liberty to challenge the said order. Accordingly, I.A. No.2477 of 2011 was filed by the petitioner annexing the said order of the Panchayat Secretary dated 20.3.2009 as contained in Annexure-8. The I.A.No.2477 of 2011 is, accordingly, allowed with liberty to the petitioner to challenge the said order of the Panchayat Secretary. Petitioner’s grievance now is against the order of termination issued by the Panchayat Secretary contained in Memo 2 No.7 dated 20.3.2009 vide Annexure-8 with the I.A.No2477 of 2011 about which he claims that he came to know only through the counter affidavit filed in this case. Since the order has now been served on the petitioner which has been issued by the Panchayat Secretary, the petitioner has an alternative remedy available to him before the statutory Appellate Authority constituted under rules in terms of the Amendment in 2008. The writ application is accordingly disposed of with liberty to the petitioner to challenge the order of the Panchayat Secretary before the statutory Appellate Authority in accordance with law. If he files his appeal before the Appellate Authority within four weeks from today, the Appellate Authority shall issue notice to the concerned parties, shall hear the matter and decide the same within two months from the date of filing of the appeal on merit without being prejudiced by this order. AnilKrSinha (J.N. Singh, J.)