IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15293 of 2009 1. TARUN KUMAR S/O SRI RAM BHAGAT KUMAR VILL- BANGAON, P.S. BAJPATTI, DISTT. SITAMARHI, PANCHAYAT TEACHER, MIDDLE SCHOOL, BHIKHA (BAJITPUR), BAJPATTI, SITAMARHI Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., BIHAR, PATNA 2. THE COMMISSIONER-CUM-SECRETARY PRIMARY, SECONDARY AND ADULT EDUCATION, BIHAR, PATNA, VIKASH BHAVAN, PATNA 3. THE DIRECTOR NATIONAL EMPLOYMENT SCHEME, SITAMARHI 4. THE DISTRICT MAGISTRATE SITAMARHI 5. THE DISTRICT EDUCATION SUPERINTENDENT CUM DISTRICT PROGRAM COORDINATOR BIHAR EDUCATIONAL PROJECT, SITAMARHI 6. THE BLOCK DEVELOPMENT OFFICER BAJPATTI, SITAMARHI 7. THE PANCHAYAT SACHIV BAJITPUR, BAJPATTI, SITAMARHI 8. MD. TAUQEER ALAM PRESENTLY APPOINTED AS A PRIMARY SCHOOL, BIKHA, SITAMARHI ----------- 2 19.2.2010 Heard Counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for quashing of the order passed by the Member, Gram Panchayat Raj, Bajitpur, Sitamarhi contained in letter no. 14 dated 1.9.2009 and the order passed by the District Teachers Employment Appellate Tribunal, Sitamarhi on 12.9.2009. By the impugned orders petitioner has been 2 terminated from service and in his place one Tauqeer Alam has joined as Panchayat Teacher in Rastriya Madhyamic Vidyhalaya, Bhikha, Sitamarhi. Petitioner’s grievance is that the Panchayat Secretary has issued appointment letter in favour of respondent Tauqeer Alam even before the appeal could have been decided by the Tribunal. So far Tribunal order is concerned, it is challenged on the ground that wrongly it was presumed by the Members of the Tribunal that there is specific direction of the High Court for issuing appointment letter in favour of Md. Tauqeer Alam. On perusal of the impugned letter and the order passed by High Court in CWJC No. 14103 of 2007, I find that Md. Tauqeer Alam had filed this writ application challenging his termination order. Md. Tauqeer Alam was terminated on the ground that he was appointed considering his 3 intermediate qualification in vocational course treating it equivalent to the Intermediate. Since this issue has already been settled, as such the termination order of Md. Tquqeer Alam was set aside and the respondents were directed to examine the case of Md. Tauqeer Alam and take a fresh decision. It was also directed that his claim for arrears of salary shall abide by the fresh decision to be made by the respondents. In the light of this direction, rightly the respondents had no other option than to quash appointment letter of Md. Tauqeer Alam and allow him to join this post. The High Court had decided the issue in favour of Md. Tauqeer Alam considering a similar matter was referred by a press communiqué no. 56/96 dated 4.9.1996 issued under the signature of the Secretary, Bihar Intermediate Education Council, Patna communicating that passing of Intermediate examination in 4 vocational course are equivalent. The termination order, as such considered illegal and further directions were issued in the light of the direction of the Panchayat Secretary and the Appellate authority has passed order on 12.9.2009. I do not find any error and illegality in the order impugned. Accordingly, this application is dismissed. (Mridula Mishra,J.) A.Kumar