IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No. 2398 of 2010 Md. Istiyaque & Ors. Versus The State Of Bihar & Ors. ---------------------------------- with Civil Writ Jurisdiction Case No.13583 of 2009 1. Md.Istiyaque S/O Md. Jallaluddin Vill.-Chotti Chakla, P.S.- K.Nagar, Distt.- Purnea 2. Rafiqlue Alam S/O Shan Mohammad Vill.- Kolla, P.S.- K.Nagar, Distt.- Purnea 3. Md. Mustaque Alam S/O Md. Muslim Vill.- Baizna, P.S.- K.Nagar, Distt.- Purnea Versus 1. The State Of Bihar Through The Principal Secretary, Human Resources Development Dept., Govt. Of Bihar, Patna 2. The Special Secretary-Cum-Director Primary Education, Govt. Of Bihar, Patna 3. The Regional Deputy Director Of Education Purnea 4. The District Superintendent Of Education Purnea, Distt.- Purnea 5. The Block Development Officer K.Nagar, Distt.- Purnea 6. The Block Education Extension Officer K.Nagar, Purnea 7. The Mukhiya Gram Panchayat Raj Goasi, Block-K.Nagar, Distt.- Purnea 8. The Mukhiya Gram Panchayat Raj Satkodaria, Block- K.Nagar, Distt.- Purnea 9. The Mukhiya Gram Panchayat Raj Sahara, Block K.Nagar, Distt.- Purnea 10. The Panchayat Secretary Gram Panchayat Raj Goasi, Block K.Nagar, Distt.- Purnea 11. The Panchayat Secretary Gram Panchayat Raj Satkodaria, Block K.Nagar, Distt.- Purnea 12. The Panchayat Secretary Gram Panchayat Raj Sahara, Block K.Nagar, Distt.- Purnea 13. The District Teacher Appointment Appellate Authority Purnea ---------------------------------- 10. 21.10.2011 Heard learned counsel for the petitioner and the State. Writ Application and the Contempt Application, bearing MJC No. 2398 of 2010 are being heard together, as contempt application has 2 been filed by the petitioner due to non-compliance of the ad-interim order, dated 19.01.2010, passed in the Writ Application. The ad-interim relief allowed to the petitioner in the Writ Application was that till disposal of the Writ Application, petitioner if already continuing on the post of Panchayat Teacher, shall continue. Petitioners’ grievance was that despite this relief being allowed in their favour. Subsequently, they have been removed by the concerned authorities in contempt of the order passed in the Writ Application. The Writ Application had been filed by the petitioners for quashing of an order dated 05.08.2009 passed in Appeal No. 74 of 2009 by the District Teacher Appointment Appellate Tribunal, Purnea, rejecting the claim of the petitioner and to direct the authorities to allow them to continue on the post of Panchayat Teacher, despite the fact that having Maulvi degree, they were appointed against the general post. This prayer had been made by the petitioners in the light of the direction of the Regional Deputy Director of Education, Purnea, contained in letter no. 1296, dated 07.10.2007, whereby all DEO, DSE and SDEO of the District were directed not to remove those 441 Panchayat Teachers appointed 3 against the general post, having Maulvi degree. Similar direction had also been issued by the Special Secretary-cum-Director, Primary Education, vide letter no. 234, dated 23.01.2008, whereby DSE, Purnea was directed not to disturb such Panchayat Teachers, who were appointed on the basis of Maulvi degree against general post. Petitioners’ grievance is that the District Teacher Appointment Appellate Tribunal rejected petitioners’ prayer completely ignoring this fact that the Special Secretary-cum-Director, Primary Education vide letter no. 234, dated 23.01.2008 had issued direction in respect of 441 such Teachers, who were appointed against general post having Maulvi degree. This means that persons, who were either continuing or illegally removed, all such appointed Panchayat Teachers, having Maulvi degree, were directed to be absorbed against the post they have been appointed illegally. But in order to absorb them similar number of posts were created by the State Government. Simply because the DSE, Purnea erroneously sent name of only 421 such appointed Teachers, this was not sufficient for ignoring the claim of petitioners as their cases were also similar to those 421 candidates appointed in a 4 similar manner. The stand taken in the counter affidavit filed on behalf of the State is that since petitioner had already been terminated, before the list of such appointed Teachers were sent by the DSE to the Director, as such they have not been allowed similar relief. I find that such stand taken by the State Respondents is not legal or proper, because the Special Secretary-cum-Director, Primary Education vide letter no. 234, dated 23.01.2008 had issued direction to the DSE, Purnea for not removing any of such Teachers, who were appointed on the basis of Maulvi degree against the general post. The number of such Teachers admittedly was 441 and the same number of posts was also created for their absorption. In this circumstance, there was no reason for retaining only 421 such appointed Teachers and giving different treatment to others, whose names could not be sent erroneously. Since petitioner’ come in that category, as such they are also entitled for similar relief. The Respondents DSE, Purnea as well as the Regional Deputy Director of Education, Purnea and the Special Secretary-cum-Director, Primary Education, Bihar 5 are directed to retain petitioners on the post, they were appointed and continue to discharge their duties for certain time. Counsel for the petitioners submits that some of the petitioners have continued on their post subsequent to the date when already the Special Director-cum-Director, Primary Education had issued direction to the DSE, Purnea for retaining them. This itself was a serious illegality committed by the Respondents. The order, passed by the District Teacher Appointment Appellate Tribunal, dated 05.08.2009 is quashed. The Respondents are department to retain petitioners on their posts, they were working. They will be deemed to be continuing on their post without any interruption or breakage as such will also be entitled for all consequential benefit. Accordingly, the MJC application is disposed of. SKM (Mridula Mishra, J.)