IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1196 of 2012

In

Civil Writ Jurisdiction Case No. 12768 of 2011

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Chandra Prakash, daughter of Shri Lila Nand Yadav, resident of village -

Barah Pokhariya, Police Station - Salakhua, District – Saharsa.

.... .... Petitioner/Appellant

Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna

2. The District Magistrate, Saharsa

3. The District Superintendent of Education, Saharsa

4. The District Education Officer, Saharsa

5. The Block Development Officer, Banma Itahari, Sharsa

6. The Block Education Extension Officer, Banma Itahari, Saharsa

7. The Mukhiya Ghordaur Gram Panchayat, Banma Itahari, Saharsa

8. The Gram Panchayat Sachiv, Ghordaur Gram Panchayat, Banma Itahari,

Saharsa

9. The Principal Parathmik Vidyalaya , Barah Pokhariya, Ghordaur Gram

Panchayat, Banma Itahari, Saharsa.

.... .... Respondents/Respondents

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Appearance :

For the Appellant

:

Mr. Navendu Kumar, Advocate.

For the Respondents :

Md. Faiz Ahmad, A.C. to G.P. 7.

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

7

18-12-2012

Feeling aggrieved by the order dated 2^nd March 2012

made by the learned single Judge in CWJC No. 12768 of 2011, the

writ petitioner has preferred this Appeal under Clause 10 of the

Letters Patent.

In the petition filed under Article 226 of the

Constitution, the appellant claims that she had been working as a

Panchayat Shiksha Mitra since 2003 and prayed for a relief that

she be paid salary/honorarium since April 2004.

The matter at dispute is whether since 2004, the

appellant has factually rendered service as claimed by her. The

Patna High Court LPA No.1196 of 2012 (7) dt.18-12-2012

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petition involves disputed questions of fact and has rightly been

rejected.

Learned Advocate Mr. Navendu Kumar has appeared

for the appellant. He has relied upon the order dated 1^st March

2012 made in Letters Patent Appeal No. 211 of 2012 (Annu

Kumari Vs. State of Bihar & Ors.). The matter at issue there was

the eligibility of the said Annu Kumari for being appointed as

Prakhand Shikshak and it was not disputed that she had been

continued in service.

As recorded hereinabove, the present Appeal

involves disputed questions of fact. No case for interference is

made out. Appeal is dismissed in limine.

The appellant may have recourse to the statutory

remedy before District Teacher Employment Appellate Authority,

if so advised.

Sujit/-

(R.M. Doshit, CJ)

(Ahsanuddin Amanullah, J)