IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7835 of 2007 SANDHAYA DEVI wife of Shri Vijay Kumar Mishra, Resident of Village Pujahan Patjirwa P.O. Patjirwa P.S.Baria Dist.West Champaran. Versus 1.THE STATE OF BIHAR 2.The Commissioner and Secretary, now designated As Principal Secretary,Human Resources Development Department,Government of Bihar,Patna. 3.The District Magistrate,West Champaran at Bettiah 4.The Block Development Officer,Baria Block, District West Champaran. 5.The Block Education Extension Officer,Bairia Block District West Champaran. 6.The ukhiya Gram Panchayat Raj Uttari Patjirwa Anchal Bairia,District West Champaran. 7.The Panchayat Secretary,Gram Panchayat, Raj Uttari, Patjirwa Anchal Bairia,Dist.West Champaran. ----------- CWJC No.7866 of 2007 AWADHESH KUMAR MISHRA son of Devendra Mishra, resident Of Village Pujahan Patjirwa P.O.Patjirwa,P.S.Baria District West Champaran. Versus 1.THE STATE OF BIHAR 2.The Commissioner and Secretary, now designated As Principal Secretary,Human Resources Development Department,Government of Bihar,Patna. 3.The District Magistrate,West Champaran at Bettiah 4.The Block Development Officer,Baria Block, District West Champaran. 5.The Block Education Extension Officer,Bairia Block District West Champaran. 6.The ukhiya Gram Panchayat Raj Uttari Patjirwa Anchal Bairia,District West Champaran. 7.The Panchayat Secretary,Gram Panchayat, Raj Uttari, Patjirwa Anchal Bairia,Dist.West Champaran. 4 12.2.2009. Prayer of the petitioners in both the writ application is for quashing the order contained in Memo No.1168 dated 15.6.2007 issued by District Magistrate, West Champaran at Bettiah (respondent no.3) terminating service of the petitioners from the post of Panchayat Siksha Mitra. This order has been passed subsequent to petitioners being absorved as Panchayat teacher under the provisions of Panchayat Primary Teachers (appointment & service conditions) Rules 2006. Petitioner Sandhya Devi was appointed as Panchayat 2 Siksha Mitra in Government Primary School Babban Mishra Ke Tola, Anchal Bairia District West Champaran and petitioner Awadhesh Kumar Mishra was appointed on the post of Panchayat Shiksha Mitra in Govt. Primary School Patijirwa, Anchal Bairia District West Champaran, vide letter no.01 dated 4.2.2003. Their appointment was purely on contractual basis in compliance of terms and conditions mentioned in the guideline for appointment of Panchayat Siksha Mitra. On completion of 11 months both the petitioners were further appointed for 11 months and again for third and fourth time they were given extension for 11 months period. The last extension of petitioners engagement as Panchayat Siksha Mitra was vide letter dated 10.2.2006. In the year 2006, the Government of Bihar brought Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rule 2006 which came into effect on 1.7.2007. Rule 20 of 2006 Rule provided that all working Panchayat Siksha Mitra will be treated as Panchayat Teachers and their service will be deemed to have been absorved on the post of Panchayat teachers. Petitioners services were also absorved on the post of Panchayat Teachers as provided under Rule 20 of 2006 Rules. After petitioners absorption as Panchayat teachers in 2006, the impugned order as contained in Annexure-1 dated 15.6.2007 has been passed by the District Magistrate, West Champaran terminating the petitioners engagement as Siksha Mitra in the year 2003 on the ground that it was done in violation of engagement roster. 3 Counsel for the petitioners has submitted that the impugned order has been passed without any notice to them to show cause. Any enquiry done was behind the back of the petitioners. Till their absorption as Panchayat teachers under 2006 Rules there was no objection from any quarter and no enquiry relating to their engagement as Panchayat Siksha Mitra in the year 2003, suddenly the impugned order has been passed terminating their services. Counter affidavit has been filed in C.W.J.C.No.7835 of 2007. No counter affidavit has been filed in C.W.J.C.No.7866 of 2007 as the counsel appearing for the State has not received instruction inspite of several letters issued to the respondents for filing counter affidavit. In the counter affidavit filed on behalf of respondent no.3 to 5 it is stated that the petitioners got extension for 11 months on three occasions, but when some complaints were received by the District Superintendent of Education regarding irregularities and illegal selection of Panchayat Siksha Mitra, the District Education Officer was directed to conduct enquiry. The District Education Officer, deputed the Block Education Extension Officer, Bairia West Champaran to investigate into the matter and to submit report. The Block Development Officer, Bairia also forwarded this matter to the Block Education Extension Officer, respondent no.5 to enquire and submit his report. The Block Education Extension Officer submitted his report vide letter no.126/Bairia dated 23.3.2007 stating that the petitioners got the employment by mistake of the selection committee, even though they obtained lesser marks compare to the candidates 4 who have higher marks as such the impugned order has been passed. In the counter affidavit it has not been mentioned that on what date complaints were received by the respondents regarding irregularities committed by the Selection Committee in selection of Panchyat Siksha Mitra. The guideline relating to engagement of Panchayat Siksha Mitra clearly provides that any objection relating to selection of Siksha Mitra should be made within 30 days of the order relating to engagement of Panchayat Siksha Mitra. Only such complaints is to be entertained for enquiry which is filed within 30 days. The counter affidavit is completely vague on this point, as such if any complaint received after two or three years by the respondents that could not have been a ground for holding any enquiry. In the counter affidavit no where it was stated that the petitioners were noticed to show cause in course of enquiry. It was completely an ex-parte enquiry in violation of rule of natural justice as by the time enquiry was initiated, petitioners have already been absorved as Panchayat teachers as provided under Rule 20 of 2006 Rules. The action on the part of the respondents which gave a cause for issuance of impugned order as contained in Annexure-1, cannot be treated as legal and valid by any stretch of imagination. Accordingly the impugned order dated 15.6.2007 contained in letter no.1168 issued by the District Magistrate,West Champaran Bettia is quashed. The respondent District Magistrate,West Champaran,Bettiah as well as the Block Development Officer,Baria, the Block Education Extension Officer, 5 Baria Block, the Mukhiya,Gram Panchayat Raj Uttari Patjirwa and the Panchayat Secretary, Gram Panchayat Raj Uttari Patjirwa Anchal Baria District West Champaran are directed to re-instate the petitioners forthwith and immediately after receipt/production/communication of this order. The respondents will re-instate the petitioners on the post they were holding prior to the issuance of termination order. Petitioners will be entitled for their past and current salary. Accordingly this application is allowed. Sss/- (Mridula Mishra, J)