IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11652 of 2009 MRS.MEENA KUMARI SUMAN, Wife of Bhanu Prakash Suman, resident of village Rajkhand, P.S. Goraul, District – Vaishali. …. Petitioner. Versus 1. THE STATE OF BIHAR through its Secretary, Human Resources Department. Bihar. 2. District Magistrate, Vaishali at Hajipur, Bihar. 3. The District Superintendent of Education –cum District Programme Co- ordinator, Bihar Shiksha Pariyojna (Bihar Education Project) Vaishali at Hajipur, Bihar. 4. The Block Development Officer, Block Goraul, District – Vaishali. 5. The Block Education Extension Officer, Goraul Block, District Vaishali, Bihar. 6. The Panchayat Sewak cum Secretary, Gram Panchayat Lodipur, P.S. Goraul, District – Vaishali, Bihar. 7. The Mukhiya, Gram Panchayat Lodipur, P.S. Goraul, District – Vaishali. …. Respondents. ----------- 02/ 06.11.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner was appointed as Panchayat teacher in the year 2007 under the provisions of Bihar Panchayat Primary Teachers Appointment and Service Conditions Rules, 2006. Subsequent to her appointment for sometimes she was paid her salary but payment of salary has been stopped since April, 2008 and till date it has not been resumed. It transpires that on the direction of the District Superintendent of Education, Vaishali, Hajipur, the Head Master of the school as well as Mukhiya and Panchayat Secretary has stopped payment of salary for the reason that petitioner’s appointment was made considering the Up- - 2 - shashtri degree, which was considered equivalent to Intermediate. Since the issue relating to Up-shashtri degree equivalent to Intermediate has already been decided and settled by this Court in the case of Ribha Rani and others Vs. The State of Bihar and others, wherein it has been held that Up-shashtri degree was considered equivalent to Intermediate under 2006 Rules and any appointment made considering the provisions of rule cannot be held illegal, subsequently on the basis of some executive directions. Since the issue is well settled, the respondents cannot be allowed to stop the payment of salary of the petitioner on nonest ground. This application is being disposed of giving direction to the Mukhiya, Panchayat Secretary and Head Master of Lodipur New created school, Dalit Tola, Vaishali, Hajipur to make payment of arrears of salary to the petitioner since April, 2008 and also to start payment of month to month salary on continuous basis. Payments must be paid within three weeks from the date of production/ communication of this order. A direction is being given to the District Superintendent of Education –cum- District - 3 - Programme Officer, Co-ordinator, Bihar Shiksha Pariyojna, Vaishali, Hajipur as he must have the knowledge that appointment matters under 2006 Rules considering Up- shashtri or Vocational degree cannot be considered as illegal in view of the decision taken by the High Court in the case of Ribha Rani & Ors. Vs. The State of Bihar and Ors. DKS/ (Mridula Mishra, J.)