2026 Supreme(Online)(Pat) 2996
PATNA HIGH COURT
HARISH KUMAR, J
Mamta Kumari – Appellant
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No.2143 of 2026
For the Appellants/Petitioners: Mr. Dhirendra Singh, Adv.
For the Respondents: Mr. Binod Kumar Yadav, SC-18
Petitioners must pursue available statutory remedies before approaching the High Court.
Headnote:The court analyzed the statutory remedy concerning salary payment for the petitioner, a Panchayat Teacher appointed by the District Appellate Authority. The petitioner contended the denial of salary despite joining duties. The court permitted a representation to resolve the matter while clarifying that due salary would be granted if the claim is successful. The petitioner is directed to file a representation within two weeks and await a decision within eight weeks.
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
2 09-02-2026 Heard the parties.
2. Learned Advocate for the petitioner submitted at the bar that the petitioner was duly appointed as a Panchayat Teacher, in pursuance to the order passed by the District Appellate Authority, Purnea as contained in Memo No. 19 dated 27.02.2020, the copy of which is marked as Annexure-P/1. Despite the fact, the petitioner has submitted her joining and discharging her duty as a Panchayat Teacher, she has not been allowed the salary for such period and thus, she approached before the authorities concerned, including the District Programme Officer, Establishment, Purnea on 12.10.2020 for payment of salary and its arrears, but no order has been passed.
3. Learned Advocate for the State submits that the petitioner has appropriate statutory remedy before the District Teachers Appellate Authority, however, the petitioner has invoked the jurisdiction of this Court without availing the alternative remedy.
4. Considering the submissions advanced by learned Advocate for the respective parties, this Court instead of relegating the matter with a liberty to the petitioner to file an appropriate application before the District Appellate Authority, extends the liberty to the petitioner to file a representation before the District Programme Officer, Establishment, Purnea with the copy of the same to the concerned employment unit, preferably within a period of two weeks, from today.
5. In case such a representation is filed, the same shall be considered by the District Programme Officer, Establishment, Purnea who shall pass appropriate order, within a further period of eight weeks.
6. It is made clear that in case the claim of the petitioner finds favour, all her due admissible salary must be accorded.
7. The writ petition stands disposed off.
(Harish Kumar, J)