IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1630 of 2009 Sunita Kumari Vibhuti, w/o Suresh Ram, resident of Bakhori, P.O.-Bakhori, P.S.-Sursand, Dist.- Sitamarhi. ………Petitioner. Versus 1. The State of Bihar. 2. The Secretary, Human Resources Dept. Officer at New Secretariat Bailey Road, Patna. 3. The D.M. Sitamarhi, Dist. – Sitamarhi. 4. The D.S.E., Sitamarhi, Dist-Sitamarhi. 5. The B.D.O., Block –Sursand, Ditamarhi. 6. The B.E.E.O. Block-Sursand, Dist-Sitamarhi. 7. The Mukhia, Gram Panchayat Raj Kumar P.S.- Sursand, Dist- Sitamarhi. 8. The Panchayat Secretary, Raj Kumar P.S.-Sursand, Dist- Sitamarhi. 9. The Head Master, Govt, Middle School, Kumma Block- Sursand, Dist- Sitamarhi. ……Respondents. ----------- For the petitioner : Dr. Shashi S. Kishore, Adv. For the State : Smt. Shail Kumari, S.C.-23 ------------- 02. 03.02.2009 Heard learned counsel for the petitioner and learned counsel for the State. On behalf of the petitioner, the main contention has been raised that since her appointment on 16.05.2005 as Panchayat Shiksha Mitra she has not been permitted to make her attendance and therefore she has not been paid her salary for even a single day. The basic issue is whether petitioner was actually available to work or not and this is to be decided as a contentious issue of fact for which writ - 2 - jurisdiction is not found appropriate. Hence the writ petition is dismissed with liberty that if so advised petitioner may maintain such prayer and seek the relief through a properly constituted civil suit. Vikash/- (Shiva Kirti Singh, J.)