IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2797 of 2009 MUKESH KUMAR, SON OF BINDESHWAR SINGH, RESIDENT OF VILLAGE-HUSEPUR, P.S.-SAKRA, DISTRICT-MUZAFFARPUR. ………………………………. PETITIONER Versus 1. THE STATE OF BIHAR, THROUGH THE DIRECTOR, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE DISTRICT MAGISTRATE, MUZAFFARPUR. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR. 5. THE BLOCK DEVELOPMENT OFFICER, SAKRA BLOCK, DISTRICT- MUZAFFARPUR. 6. THE BLOCK EDUCATION EXTENSION OFFICER, SAKRA BLOCK, DISTRICT-MUZAFFARPUR. 7. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, PAIGAMBARPUR BLOCK, SAKRA, DISTRICT-MUZAFFARPUR. 8. THE MUKHIYA, GRAM PANCHAYAT RAJ, PAIGAMBARPUR BLOCK, SAKRA, DISTRICT-MUZAFFARPUR. 9. SMT. PUSHPA KUMARI, WIFE OF MITHILESH KUMAR, RESIDENT OF VILLAGE-HUSEPUR, P.S.-SAKRA, P.O.-PAIGAMBARPUR, DISTRICT-MUZAFFARPUR. ………………………………….. RESPONDENTS ----------- 2 2.03.2009 Heard counsel for the petitioner and counsel for the Respondents. The grievance of the petitioner as against an order of termination of service dated 17.12.2006, in view of the provisions made in the rules, has to be in the first instance looked into by the District Teachers Appellate Authority constituted by the State Government. The apprehension of the petitioner that if such an appeal/complaint is filed by the petitioner before the said Authority, the same will not be entertained because the matter relates to initial selection of Shiksha Mitra and its conversion on the post of Panchayat Shikshak, has to - 2 - be only noted for its being rejected. The moment by statutory provision the petitioner on 1.7.2006 became Panchayat Shikshak in view of his continuing engagement as Shiksha Mitra, any adverse decision taken in the matter of service condition has necessarily to be followed as per the rules prescribing the mode of resolution of the dispute through an appeal to be adjudicated by the said Appellate Authority which alone has been authorized by the State Government to adjudicate any grievance against an order of termination passed by the competent authority. That being so, this Court would direct the petitioner to file a self contained petition before the Appellate Authority within a period of one month from the date of receipt/production of a copy of this order and in the event, such a petition is filed before the District Teachers Appellate Authority, the same would be disposed of by the Authority after issuing notice and affording an opportunity hearing to Smt. Pushpa Kumari (respondent No.9) within a period of four months from the date of filing of such petition by the petitioner. With the aforementioned observations and directions this writ application is disposed of. Bibhash (Mihir Kumar Jha, J.)