IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5575 of 2008 -With- I.A. No. 6243 of 2009 1. GANGA PRASAD YADAV , son of Kailash Yadav, resident of village-Jurauna, P.S. Kusheshwar Asthan, District-Darbhanga 2. Paras Nath Yadav son of Ram Bilash Yadav, resident of village-Arahi, P.S. Singhia, District-Samastipur. 3. Ram Badan Pandit son of Badri Pandit, resident of village- Narayanpur, P.S. Kusheshwar Asthan, District- Darbhanga. 4. Renu Kumari, wife of Geeta Prasad Yadav, resident of village-Khera Kot, P.S. Bithan, District-Samastipur …………… Petitioners. With CWJC No.5661 of 2008 -With- I.A. No. 6244 of 2009 1. Pinki Kumari , daughter of Bindu Yadav, resident of village-Pusho, P.S. Bithan, District- Samastipur. 2. Sudha Devi, wife of Ram Japo Rai, resident of village- Sudhavain, P.S.- Kusheshwar Asthan, District- Darbhanga. 3. Jyoti Kumari, wife of Santosh Thakur resident of village-Narhan, P.S.- Bibhutipur, District-Samastipur. 4. Radha Kumari wife of Subodh Paswan, resident of village-Khallasin, P.S. Kusheshwar Asthan, District-Darbhanga …………… Petitioners. Versus 1. THE STATE OF BIHAR 2. The Secretary, Human Resources Development Department, Govt of Bihar, Patna 3. The Director, Primary Education, Govt. of Bihar, Patna. 4. The District Magistrate, Darbhanga, District-Darbhanga. 5. The District Superintendent of Education, Darbhanga, District- Darbhanga. 6. The Sub Divisional Officer, Biraul, District- Darbhanga. 7. The Block Development Officer, Kusheshwar Asthan, East, District- Darbhanga. 8. The Block Education Extension Officer, Kusheshwar Asthan, District- Darbhanga. 2 9. The Block Education Extension Officer, Ghanshyampur-1, District- Darbhanga. 10. The Mukhiya, Gram Panchayat Raj, Mahisaut, District-Darbhanga. 11. The Secretary, Gram Panchayat Raj, Mahisaut, District-Darbhanga …………… Respondents (in both cases) 3. 23.11.2009 Heard the counsel for the petitioners and the counsel appearing for the state. Interlocutory applications are being disposed of. Writ applications are being decided on merit. Petitioners were appointed on the post of Panchayat Teachers observing procedures for appointment. Their names were placed in the merit list. Appointment letters were issued in favour of the petitioners by the Panchayat Secretary. They joined in their respective schools on the vacant post of Panchayat Teachers. Subsequently, the District Magistrate received complaints relating to the legality of appointments. Complaints were forwarded by the District Magistrate to the Block Development Officer and an inquiry was conducted and on the basis of inquiry report, the District Magistrate cancelled the appointments. The Block Development Officer informed the District Superintendent of Education, Darbhanga regarding cancellation of petitioners’ appointment by the District Magistrate and this order was also communicated to the concerned Gram Panchayat by the District Superintendent of Education. Petitioners have filed writ applications for quashing of 3 the order contained in memo No. 6877 dated 31.12.2007 issued by the District Superintendent of Education, Darbhanga and the order contained in memo No. 09 dated 11.01.2008 through which the termination order was communicatged by the District Superintendent of Education to the concerned Gram Panchayat. Impugned orders have been challenged by the petitioners on the ground of jurisdiction as well as having been passed in violation of rule of natural justice and in total disregard of rule 18 of 2006 Rules. Petitioners were never paid their salary since the date of their appointment as immediately, after appointment, a controversy was raised regarding legality of their appointment. In the counter affidavit, there is an admission that petitioners were not noticed during inquiry. It is also admitted that District Magistrate had no jurisdiction for passing such order cancelling appointments. It is also stated in the counter affidavit that the letters through which the District Magistrate cancelled the appointment of the petitioners and directed the Sub Divisional Officer, Biraul to initiate proceeding for fresh appointments after cancelling petitioners’ appointment, is not available. Petitioners have stated in their interlocutory application as well as supplementary affidavit that the District Magistrate had cancelled their appointment in the year, 2007 and the same was communicated by the District Superintendent of Education, to the Sub Divisional Officer in the year, 2008. Petitioners even after 4 cancellation of their appointment continued to discharge the duties. They have been restrained from discharging their duties by order dated 01/09/2009. Considering the admission in the counter affidavit relating to legality of the impugned orders cancelling petitioners’ appointment, the order contained in memo No. 6877 dated 13.12.2007 and the order contained in Memo No. 09 dated 11.01.2008 issued by the Panchayat Secretary, Mahisaut, Darbhanga are quashed. Writ applications are allowed. Petitioners will continue on the post of Panchayat Teachers in their respective schools. Respondents will make payment of arrears as well as current salary to the petitioners within eight weeks from the date of receipt/production of a copy of this order AKV/ (Mridula Mishra, J.)