PATNA, India, July 18 -- Patna High Court issued the following judgment on July 10:

Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has filed the present writ petition seeking issuance of an appropriate writ/order/direction commanding the respondent authorities to appoint the petitioner as Gram Katchahry Secretary in Panchayat Netuapada, Bahadurganj, District Kishanganj, on the ground that she is duly entitled for the said post. A further prayer has been made to issue a direction to the respondent authorities to remove private respondent from the post of Gram Katchahry Secretary, Netuapada, on the ground that she is not entitled to hold the said post as her name appears at serial no. 32 of the merit list.

3. Learned counsel for the petitioner submits that the present matter pertains to the alleged illegal appointment of private respondent no.10 to the post of Gram Katchahry Secretary in Panchayat Netuapada, Bahadurganj, District Kishanganj, Bihar. It is further submitted that the petitioner's case was illegally ignored, and in her place, respondent no.10 was recommended and appointed.

4. Learned counsel for the State raises a preliminary objection and submits that the petitioner has an efficacious statutory remedy of appeal under the Bihar Gram Katchahry Secretary (Employment, Service Condition and Duties) Rules, 2014 (hereinafter referred to as the "Rules, 2014"). It is submitted that Rule 7 of the said Rules, 2014 provides for an appeal before the District Panchayati Raj Officer within 30 days from the date of appointment.

5. After hearing the parties and upon perusal of Rule 7 of the Rules, 2014, this Court finds it appropriate to reproduce the relevant provision herein:

"7. Appeal.- Any appeal, in the matter related to the employment of Secretary Gram Katchahry under these Rules, may be preferred before the concerned District Panchayat Raj Officer within 30 (thirty) from the date of such employment. The District Panchayat Raj Officer shall be competent to take a final decision on the appeal. If no adverse order on the appeal is passed by the District Panchayat Raj Officer within a maximum period of 45 days, the employment shall be kept intact."

6. In light of the above provision, it is evident that the petitioner has a statutory remedy of appeal, which he may avail under Rule 7 of the Rules, 2014.

7. Accordingly, the present writ petition stands disposed of with liberty to the petitioner to prefer an appeal before the District Panchayati Raj Officer under Rule 7 of the Rules, 2014. It is made clear that if any delay occurs in filing the appeal, the same shall be condoned, and the appellate authority is directed to consider and dispose of the appeal on merits, in accordance with law.

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