IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10112 of 2009 SMT.KAMINI DEVI Versus THE STATE OF BIHAR & ORS ----------- 2 8.9.2009 Heard Counsel for the petitioner and the counsel appearing for the State. Petitioner was appointed as Shiksha Mitra in Gram Panchayat Raj, Kalyanpur. She joined as Siksha Mitra in Middle School, Kalyanpur on 3.6.2003 and subsequently absorbed as Panchayat Teacher. Petitioner’s grievance is that though she continuously discharging her duty as Panchayat Shiksha Mitra and presently discharging her duty as teacher in the concerned School, her salary for the period from June, 2003, October,2003 and from March, 2009, has not been paid by the authorities. Considering the fact that Bihar Primary Panchayat Teachers (Appointment and Service Conditions) Rules, 2008 has vested the appellate authority to look into and decide all disputes of Panchayat/Prakhand teachers relating to their service conditions, appointment and transfer and other matters, payment of salary is one of the service conditions of the Panchayat Teachers, as such, in case of non-payment of salary also the appellate authority has vested with the - 2 - power to decide such dispute. Since the petitioner has not exhausted the statutory remedy available to him under Rule 18 of the Bihar Panchayat Teachers Employment (Appointment and Service Condition) Rules, 2008 this application is being disposed of giving liberty to the petitioner to go before the appellate forum raising the dispute regarding non-payment of salary. The appellate forum will decide petitioner’s case in accordance with law within the statutory period of thirty days. (Mridula Mishra,J.) A.Kumar