IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15290 of 2007 BIBHASH CHANDRA JHA, S/O SRI SAHDEO JHA, R/O VILLAGE-KAMALPUR, P.O.+P.S.-PIPRA, DISTRICT- SUPAUL. ……………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, SUPAUL. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, SUPAUL. 5. THE SUB-DIVISIONAL OFFICER, SUPAUL. 6. THE B.D.O., KISHANPUR, SUPAUL. 7. THE BLOCK EDUCATION EXTENSION OFFICER, KISHANPUR, DISTRICT-SUPAUL. ……………………RESPONDENTS. ----------- 2 13.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. This writ application was filed by the petitioner for quashing of Annexure-9 a letter of the District Magistrate, Supaul by which the appointment process adopted by the Panchayat Sikshak employment committee of the District has been cancelled whereunder the petitioner and eight others were appointed by the Committee in different schools as Panchayat Sikshak. Petitioner also prays for further direction for payment of salary of the petitioner. The contention of the petitioner is that on some enquiry the Collector cancelled the entire selection process adopted by the Committee and directed for institution of FIR against the Chairman and Secretary of the said Committee finding that in - 2 - the selection process many irregularities were committed. Learned counsel further submits that later on the matter traveled up to the Directorate and on the orders of Director, a further enquiry was held by the Regional Deputy Director of Education, Koshi Division. After a detailed enquiry the said Regional Deputy Director of Education in his letter no. 932 dated 30th July, 2008 found petitioner and others validly appointed and directed the District Education Officer, Supaul to release payment of such appointed teacher by the said Committee who were found working in the respective schools. Learned counsel for the petitioner points out that other candidates who were appointed by the said Committee in the same process moved this Court through different writ applications. One of such writ application was C.W.J.C. No. 7954 of 2009. When the case was taken up on 14.7.2009, a Bench of this Court after considering the said letter of the Regional Deputy Director of Education, Koshi Division, directed the District Superintendent of Education, Supaul and Block Education Extension Officer, Kishanpur to dispose of the representation of the petitioner in the light of the said letter of the Regional Deputy Director of Education and it was also - 3 - observed that if the petitioner was found discharging the duty of teacher, the salary of the petitioner should be paid immediately. With that direction the said writ application was disposed of. Learned counsel for the petitioner submits that the petitioner may be given liberty to file a fresh representation enclosing the said order of this Court before the concerned authorities. As the petitioner is covered by the said letter of the Regional Deputy Director of Education, the same order passed by this Court may also be made applicable in this case. Considering the materials on record and particularly the said letter of the Regional Deputy Director of Education in the light of which abovementioned earlier writ application was disposed of by a Bench of this Court, this writ application is disposed of with liberty to the petitioner to file a fresh representation before the concerned authorities for consideration of his case for payment of salary of the period he may be found working in the concerned school, in the light of the said letter of the Regional Deputy Director of Education. If such a representation is filed by the petitioner within one month from today, the same shall be considered in - 4 - terms of the orders of this Court passed in the abovementioned earlier writ application and shall be disposed of within a period of four weeks from the receipt/production of a copy of the same. The writ application is disposed of with above observations and directions. Arvind/ (J.N. Singh, J.)