IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15537 of 2010 SHILPI SIMA W/O KAMLESH KUMAR RAI, R/O VILLAGE JITWARPUR KUMIHIRA, PS- SARAIRANJAN, DISTT- SAMATIPUR-----------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE PRIMCIPAL SECY. PRIMARY EDUCATION, HUMAN RESORUCES DEVELOPMENT DEPTT, GOVT. OF BIHAR PATNA 3. THE DISTRICT MAGISTRATE, SAMASTIPUR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, SAMASTIPUR 5. THE B.D.O. SARAIRANJAN, SAMASTIPUR 6. THE BLOCK EDUCATION EXTENSION OFFICER, SAMASTIPUR 7. THE HEADMASTER, GOVT. PRIMARY SCHOOL, HARSINGPUR PS- SARAIRANJAN,SAMASTIPUR 8. THE MUKHIYA GRAM PANCHAYAT RAJ JITWARPUR KUMIHIRA, PS- SARAIRANJAN, SAMSTIPUR 9. THE PANCHAYAT SECY. GRAM PANCHAYAT RAJ JITWARPUR KUMIHIRA PS- SARAIRANJAN, SAMASTIPUR 10. THE DISTRICT TEACHERS EMPLOYMENT APPELLATE TRIBUNAL SAMASTIPUR-----------------RESPONDENTS. ----------- 2 29.11.2010 Heard learned counsel for the parties. Annexure 14 is the order passed by the appellate tribunal. By virtue of this order dated 23.7.2010 it has been held that appellate tribunal has no jurisdiction to exercise in the matter of the present kind in the background that the appointment relates to 2003 to 2005 and the appointments made for that period the power to adjudicate or decide such dispute is vested in the District Magistrate. Learned counsel for the petitioner does not dispute the basic legal position stated by the appellate tribunal. If that is so then instead of rushing to the High Court the petitioner would be well advised to approach the District Magistrate on this issue in terms of the direction of the appellate tribunal. This writ application is disposed of with the - 2 - above direction. The decision in this regard ought to be taken by the District Magistrate within a reasonable time frame. RPS (Ajay Kumar Tripathi,J.)