IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10938 of 2009 1. KUMARI SHEELA DAUGHTER OF ARJUN PRASAD RESIDENT OF VILLAGE SISAI BAZAR, P.O. SISAI, P.S. BHORE, DISTRICT GOPALGANJ 2. MAHBOOB ALAM SON OF MD. KHUDADDIEN KHA, RESIDENT OF VILLAGE SISAI, P.O. SISAI, P.S. BHORE, DISTRICT GOPALGANJ. 3. GHULAM ARSHAD ANSARI SON OF KAMRUDDIN ANSARI, RESIDENT OF VILLAGE SISAI TOLA, HARIHAR CHAPPAR, P.O. SISAI, P.S. BHORE, DISTRICT GOPALGANJ---- PETITIONERS Versus THE STATE OF BIHAR & ORS ----------- For the petitioners:- Mr. Y.V.Giri,Senior Advocate & Mr. Raju Giri,Adv. For the State:- AC to SC-VI 2 14.10.2009 Heard Counsel for the petitioners and the Counsel appearing for the State. Prayer of the petitioners is for quashing the order dated 14.2.2008 passed by the Collector, Gopalganj in Misc. Case No. 123 of 2007, whereby the petitioners’ initial appointment on the post of Panchayat Shiksha Mitra in Gram Panchayat Raj Sisai has been heldillegal and a direction has been issued to the Mukhiya of Gram Panchayat Raj Sisai, Prakhand Bhore to cancel petitioners’ initial appointment as Panchayat Shiksha Mitra, as a consequence of which his subsequent appointments on two occasions as Panchayat Shiksha Mitra and absorption on the post of Panchayat Teacher have also been cancelled. Further prayer is for quashing the order dated 3.3.2008 issued by the Mukhiya Gram Panchayat Raj Sisai, Bhore, issued in pursuance of the direction of the Collector, Gopalganj in Misc. Case No. 123 of 2007. Petitioners have also prayed for commanding the respondent to reinstate and to make payment of salary for the period - 2 - of termination as well as period prior to termination. These periods are 10.5.2006 to 31.6.2006 and 1.10.2007 to 10.3.2008. Petitioners were appointed on the post of Panchayat Shiksha Mitra on 6.5.2005 and gave joining on 10.5.2005. This was the first occasion and the petitioners were engaged for 11 months. On expiry of 11 months’ period, petitioners were reappointed for another 11 months on 8.5.2006 and while continuing on the post they were absorbed on the post of Panchayat Teachers’ under Bihar Primary Teachers ( Appointment and service Conditions) Rules, 2006. CWJC No. 11777 of 2006 was filed by Amit Kumar Singh & others challenging the entire transaction of the appointment of Panchayat Shiksha Mitra in the year 2004, in which the petitioners were appointed along with one Chandradeo Prasad. The writ application was heard analogous with CWJC No. 1462 of 2005 and other cases and disposed of without considering the merit of the writ application, giving liberty to the petitioners to file their representations before the concerned District Magistrate for consideration of these cases. It was mentioned in the order that the District Magistrate will issue notice to the persons who are going to be effected and pass a reasoned order. Petitioners’ case is that the District Magistrate, Gopalganj without issuing notice and hearing the petitioners, passed order dated 14.2.2008 treating the representation of the writ petitioner in CWJC No. 11777 of 2006 as Misc. Case No. 123 of 2007. In absence of the petitioners the District Magistrate, Gopalganj recorded finding - 3 - against petitioners’, which is illegal and erroneous. In case of petitioner no.1 a finding was rejected that she was appointed considering that she was appointed on the basis of weightage considering the Intermediate marks sheet.. In case of petitioner no.2 the Collector held that his appointment is illegal as no where in the proceeding book it is mentioned that he was appointed on the post of Urdu Teacher. In case of petitioner No.3, the District Magistrate recorded a finding that being a candidate of most backward category, he was illegally appointed on the post reserved in backward category. Counsel for the petitioners submits that there were three posts in unreserved category, since one post remained vacant and the petitioner no.2 had requisite weightage for being adjusted against the unreserved seat, as such he was appointed in the unreserved category. The Collector, Gopalganj recorded a finding in case of petitioner no.3 that though he had applied in the category of extremely backward caste and there was only one post in this category against which another person was appointed, as such petitioner no.3 could not have been appointed. Case of petitioner no.3 is that he was appointed against the vacant post in the backward caste as there was no candidate available in that category. Besides the merit of the case the present application is being decided in the light of the order passed by this Court in case of Chandradeo Prasad who was also appointed in the same transaction, in which the petitioners were appointed. Chandradeo Prasad’s case is reported in 2009(4) P.LJR 318). The finding recorded in the case of - 4 - Chandradeo Prasad is that petitioners’ appointed as Shiksha Mitra on first occasion was under challenge, which lasted only for 11 months. His second and third engagement, which was fresh engagement was not under challenge. Petitioners’ absorpition on the post of Panchayat teachers on the basis of third engagement was not under challenge. Each engagement being an independent engagement for 11 months, as such cancellation of his absorption as Panchayat teachers on the basis of his engagement as Panchayat Shiksha Mitra, is illegal. The order dated 14.2.2008 passed in Misc. Case No. 123 of 2008 by the Collector, Gopalganj is under challenge in the present writ application and this very order was under challenge in the case of Chandradeo Prasad Vrs. State of Bihar & ors. ( 2009(4) P.L.J.R. 318). Considering the fact that the case of these three petitioners is completely covered by the reported decision and the same impugned order in this application has already been considered illegal and quashed in similar writ application, the impugned order passed by the Collector, Gopalganj in Misc. Case no. 123 of 2007 dated 14.2.2008 as well as consequently order dated 3.3.2008 of Gram Ppanchyat Raj Siswan are quashed. The respondents are directed to reinstate the petitioners in the respective posts and to make payment of salary for the periods 10.5.2006 to 31.6.2006 and 1.10.2007 to 10.3.2008 with consequential benefits. (Mridula Mishra,J.) A.Kumar - 5 -