IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8486 of 2010 1. MANOJ KUMAR THAKUR S/O SRI RAM AUTAR THAKUR R/O VILL SAKARWARA NOOR, P.S.GAIGHAT, DISTT-MUZAFFARPUR-PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, HUMAN RESOURCES DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION GOVT. OF BIHAR, PATNA 4. THE DISTRICT SUKPERINTENDENT OF EDUCATION MUZAFFARPUR, DISTT- MUZAFFARPUR 5. THE BLOCK DEVELOPMENT OFFICER GAIGHAT, DISTT-MUZAFFARPUR 6. THE BLOCK EDUCATION EXTENSION OFFICER GAIGHAT, DISTT- MUZAFFARPUR 7. THE MUKHIYA GRAM PANCHAYAT RAJ KAMARTHU, P.S.GAIGHT, DISTT-MUZAFFARPUR 8. THE SECRETARY, GRAM PANCHAYAT RAJ MAMARTHU, P.S.GAIGHAT, DISTT-MUZAFFARPUR---RESPONDENTS ----------- For the Petitioner: Mr. Umesh Kumar Mishra, Advocate For the State: Mr. S.C.-15. ------------ 2 2.2.2011 Heard learned counsel for the parties. The issue whether the petitioner has right to continue in service even if he has obtained intermediate degree beyond the period of 33 months is no longer an issue in view of series of decisions which have already been rendered by this Court in many a cases. One such case has brought to the notice of the Court which is the case of Ashok Kumar Das and Another vrs. The State of Bihar & others (CWJC No. 92591 of 2009) decided on 17.8.2009. Learned Single Judge taking into consideration Resolution No. 2517 dated 4.7.2008 issued by the State and the decision of LPA Bench has held that merely because the person has obtained the intermediate degree beyond the period of 33 months, which was initially laid down by the State Government that will not be a ground for termination of person from service who was validly appointed. - 2 - In the above background the decision of Mukhiya to remove the petitioner from service on that ground contained in annexure-10 dated 5.4.2010 in so far as relates to this petitioner is hereby quashed. Petitioner shall be put back in service as if the impugned order had not passed against him. This writ application is allowed with the above direction. RPS (Ajay Kumar Tripathi,J.)