IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9945 of 2009 BABLU KUMAR, Son of Ram Sumiran Das, resident of Village- Sahebpur Kamal (West), P.S.-Sahebpur Kamal, District-Begusarai. ……….Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, Begusarai, District-Begusarai. 3. The District Superintendent of Education, Begusarai, District- Begusarai. 4. The Block Education Officer, Sahebpur Kamal, P.S.-Sahebpur Kamal, District-Begusarai. 5. The Block Education Extention Officer, Sahebpur Kamal, P.S.- Sahebpur Kamal, District-Begusarai. 6. The Block Development Officer, Sahebpur Kamal, P.S.-Sahebpur Kamal, District-Begusarai. 7. The Gram Panchayat Sahebpur Kamal (West), P.S.-Sahebpur Kamal, District-Begusarai through its Panchayat Sachib. 8. The Sukh Subidha Samiti of Gram Panchayat, Sahebpur Kamal (West), P.S.-Sahebpur Kamal, District-Begusarai, through its Chairman the Mukhiya of the Panchayat. 9. The Mukhiya of the Gram Panchayat Sahebpur Kamal (West) P.S.- Sahebpur Kamal, District-Begusarai. 10. The Panchayat Sachib of the Gram Panchayat Sahebpur Kamal (West) P.S.-Sahebpur Kamal, District-Begusarai. 11. The Head Mster, Railway Middle School, Sahebpur Kamal (West), P.S.-Sahebpur Kamal, District-Begusari. ----------- 2/ 02.09.2009 Heard learned counsel for the petitioner and the State. Petitioner is presently working as Panchayat Teacher in Railway Middle School, Sahebpur Kamal West, in the district of Begusarai. He is aggrieved on account of issuance of an order by the Block Development Officer, Sahebpur Kamal contained in Memo No. 09 dated 09.06.2009. The Block Development Officer by order contained in Memo No. 09 dated 09.06.2009 has directed the Head master of the - 2 - concerned school not to take work from the petitioner and in case he is allowed to continue, payment of salary to the petitioner will be the responsibility of the Head master himself. Counsel for the petitioner submits that on account of this order he is being restrained from discharging his duties and payment of salary has also been stopped. Considering the fact that the direction in the impugned order relates to the service condition of the petitioner and for all matters relating to service condition of a Panchayat/Prakhand Teacher, the District Panchayat Teachers appointment Appellate Tribunal has been authorized to decide under Rule 18 of 2008 Rules. The petitioner has got his remedy by filing an appeal before the Appellate Authority. This application is being disposed of giving liberty to the petitioner to prefer an appeal, in case of filing any appeal by the petitioner within eight weeks from today the Appellate Forum will decide the appeal after giving proper notice to all concerned, within statutory period in accordance with law. Counsel for the petitioner has submitted that there are other vacant posts available in the Gram Panchayat. The Appellate Authority will consider this - 3 - aspect of the matter while deciding the appeal preferred by the petitioner. Sanjeet/ (Mridula Mishra, J.)