IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11418 of 2006 ANIL KUMAR S/O-Muneshwar Thakur, R/O-Vill-Pariharpur, P.S.-Behariganj, Distt.-Madhepura. …..Petitioner. Versus 1. The State of Bihar. 2. The Commissioner-cum-Secretary, Department of Secondary, Primary and Adult Education, Government of Bihar, Patna. 3. The District Magistrate, Madhepura. 4. The Block Development Officer, Udakishunganj, Distt.-Madhepura. 5. Mukhiya, Biri Ranpal Panchayat, Block Udakishunganj, P.S.-Behariganj, Distt.-Madhepura. 6. Pawan Kumar, S/O-Mahendra Gupta, R/O-Vill-Basito, P.S.-Behariganj, Distt.-Madhepura. …..Respondents. ----------- 2/ 14.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner submits that the petitioner was wrongly removed from the post of Siksha Mitra as the appointment of the petitioner was in accordance with law and after following due procedure. He submits that for his reinstatement or for consequential relief the petitioner has already filed a representation before respondent no. 3, Collector –cum- District Magistrate, Madhepura, copy whereof is contained in Annexure -5. He submits that in the identical circumstance services of some of the Siksha Mitra have been restored on the orders of this Court, copy whereof 2 is annexed as Annexure -7. He submits that this writ application may be disposed of with a direction to respondent no. 3, Collector –cum- District Magistrate to consider the representation of the petitioner in the light of the said order of this Court and in the light of the fact that Annexure 1 and 2 shows that all procedures were adopted in the appointment of the petitioner. Accordingly, this writ application is disposed of with a direction to respondent no. 3, Collector –cum- District Magistrate to consider the representation of the petitioner as contained in Annexure- 4. For convenience of the respondent no. 3 the petitioner is given liberty to file a fresh representation also, if necessary, enclosing the orders of this Court and documents evidencing the procedure adopted in his appointment. If such representation is filed within one month from today, the respondent no. 3 shall consider the same taking into account the documents enclosed therewith and he shall pass appropriate orders in accordance with law. In case the claim of the petitioner is found acceptable the appropriate consequential orders including orders for arrears of salary of the petitioner shall be passed. In case 3 respondent no. 3 does not find merit in the claim of the petitioner he shall pass appropriate orders giving specific reasons for the same and communicate the same to the petitioner. In case District Magistrate feels it necessary for the purpose of compliance of natural justice he may issue notice to respondent no. 6 giving opportunity of hearing before passing the final order. Final orders on either way shall be passed by respondent no. 3 within a period of three months from the date of filing of the representation. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner which has to be considered by respondent no. 3 strictly in accordance with law. DKS/ (J. N. Singh, J.)