IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11539 of 2006 Kiran Kumari, Daughter of Sri Rajendra Ram, Resident of Village Santpur, P.O. Parsurampur, Under Gram Panchayat Sipahkhash, Police Station and block Manjarh, District Gopalganj. -------- Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Gopalganj-cum-Chairman Sarw Siksha Abhiyan. 3. The Deputy Development Commissioner, Gopalganj. 4. The District Superintendent of Education, Gopalganj. 5. The Block Development Officer Manjagarh, District Gopalganj. 6. The Education Extension Officer Manjagarh, District Gopalganj. 7. The Headmaster Rajkiya Primary School Chhitauli under Gram Panchayat Sipahkhash, Block Manjagarh, District Gopalganj. 8. The Headmaster upgraded Employee School Santpur Under Gram Panchayat sipahkhash, Police Station and Block Manjagarh, District Gopalganj. 9. The Mukhiya Sipahkhash Gram Panchayat-cum-Chairman Sukh Suwidha Committee Sipahkhash, Gram Panchayat, Police Station and Block Manjagarh, District Gopalganj. 10. The Panchayat Secretary Sipahkhash Gram Panchayat, Police Station and Block Manjagrh, District Gopalganj. ------ Respondents ----------- 2 24.08.2010 Heard learned counsel for the petitioner and counsel for the State. The prayer of the petitioner reading as follows:- “1. That this is an application for issuance of an appropriate writ order or direction to the respondents the Mukhiya of Sipahkhash Gram Panchayat for reengagement/Fresh Appointment of the petitioner from the post of Panchayat Sikhsha Mitra of Rajkiya Primary School Chhitauli Under Gram Panchayat within the district of Gopalganj for which after expiration of the term of 11 month 2 contract of the petitioner was earlier appointed on the said post vide memo No.36 dated 9.5.2005 no steps has been taken by the Respondent No.9 and 10 for inviting fresh application for appointment on the post of Siksha Mitra of the said school and be further give the direction for making of the payment of monthly allowances of the petitioner for the period she has worked in the school.” so far it relates to her reengagement on the post of Shiksha Mitra must be held to have become infructuous in view of the fact that the post of Shiksha Mitra has been abolished with effect from 1.7.2006. Thus, if the petitioner’s appointment initially made on the post of Shiksha Mitra on 10.5.2005 would at best have continued up to 10.4.2006 and the petitioner has approached this Court on 18.9.2006 for such a relief at a point of time when the post of Shiksha Mitra got abolished with effect from 1.7.2006, this Court cannot issue a direction for issuance of acceptance of joining of the petitioner against a post which, as noted above, has already been abolished. Counsel for the petitioner, however, 3 in reply would submit that from the documents appended to the counter affidavit, it would be clear that the petitioner was present up to 6.8.2005 and 7th August, 2006 was Sunday and therefore, she would be entitled for payment of salary even for the joining period of the respondent up to 7.8.2006. Counsel, infact, has also submitted that the petitioner after prolonged illness from 8.8.2005 had rejoined the duty in December, 2005 and therefore, she would be entitled for payment of salary for the remaining period of December, 2005 to 9.4.2006. In the opinion of this Court, now when the petitioner’s engagement on the post of Shiksha Mitra cannot be reviewed on account of abolition of the post of Shiksha Mitra, this Court would only direct the competent authority to examine the said grievance of the petitioner with regard to the non-payment of his salary and take a decision for making payment of salary for the period admittedly she had worked. Such decision for payment of salary to the petitioner must be taken by the competent 4 authority within a period of three months from the date of receipt/production of a copy of this order and the payment of such amount to the petitioner must be made to him in next one month. In order to expedite the matter, the petitioner is given liberty to file a copy of her representation showing proof of her working on the post of Shiksha Mitra alongwith a copy of this order and only thereafter the competent authority shall take his decision in the manner indicated above. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)