IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17027 of 2010 1. SANJAY KUMAR PATHAK S/O LATE RAS BIHARI PATHAK R/O VILL & P.O.BELOAN, P.S.SIKROUL, BLOCK- NAWANAGAR, DISTT-BUXAR Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT PATNA 2. THE SECRETARY, PANCHAYAT RAJ DEPARTMENT GOVT. OF BIHAR, PATNA 3. THE SECRETARY, PRIMARY AND ADULT EDUCATION BIHAR, PATNA 4. THE DISTRICT MAGISTRATE CUM COLLECTOR BUXAR AT, P.O.AND DISTT-BUXAR 5. THE DISTRICT SUPERINTENDENT OF EDUCATION BUXAR 6. THE DISTRICT EDUCATION OFFICER BUXAR 7. THE BLOCK EDUCATION EXTENSION OFFICER BLOCK- NAWANAGAR, DISTT-BUXAR 8. THE PANCHAYAT SECRETARY VILL PANCHAYAT BELOAN, BLOCK-NAWANAGAR, DISTT-BUXAR 9. THE MUKHIYA VILLAGE PANCHAYAT BELOAN, AT & P.O.BELOAN, BLOCK-NAWANAGAR, DISTT-BUXAR ----------- 10.5.2011 The impugned order is dated 27.7.2007, which is contained in Annexure 2, .There is no proper explanation as to why this order which has already taken effect in the last three years, came to be challenged on 3.5.2010. Even if the contention of the petitioner is accepted as arguable that this order suffers from jurisdictional error, the fact stands that final order of removal is passed by the Mukhiya from that the post of Panchayat Shiksha Mitra, which is within his domain. In addition, the order passed in the year 2007 has taken its effect and created rights. None of those persons have been impleaded as a party respondent since rights have accrued in them. Non impleadment is fatal to the right of the petitioner to claim benefit and that too after such delay. 2 The writ is dismissed. Namita ( Ajay Kumar Tripathi,J.)