IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2332 of 2007 ARBIND KUMAR SINGH, s/o Sri Ram Naresh Singh, Resident of village Neema, P.O.Sasaram, P.S.Sasaram (M) District Rohtas. Versus 1. THE STATE OF BIHAR 2. The Collector, Rohtas at Sasaram. 3. The Block Development officer, Sasaram. 4. District Panchayat Raj Officer, Rohtas at Sasaram. 5. Prakhand Sikchha Prasar Padadhikari, Sasaram at Rohtas. 6. Punchayat Sewak, Amari Punchayat, P.O. Karwandiya, P.S. Sasasram (M), District Rohtas. 7. Education Secretary of Amari Panchayat, P.O. Karwandia, P.S. Sasaram (Moffasil), District Rohtas. 8. Radhey Shyam Singh s/o Ishari Singh, Ex. Mukhiya of Amari Panchayat R/o Village Admapur, p.O. Karwandiya, District Rohtas. 9. Anju Devi “Mukhiya of the Panchayat” wife of Bajrangi Singh R/o village Admapur, P.O. Karwandiya, District Rohtas. 10. Nirmala Singh w/o Bipin Bihari Singh R/o village Amari, P.O. Kamdiya, P.S. Sasasram (M), District Rohtas. 11. Lalita Kumar w/o Rajiv Kumar Singh R/o village Neema, P.O. Kuar Wondiya, P.S. Sasaram District Rohtas. 12. Md. Miswah Mohamad s/o Sah Mohamad r/o village Amari, p.O. Kerwandiya, p.S. Sasaram (M).District Rohtas. 13. Manoj Kumar Pal s/o Sheo Pujan Pal r/o village Dawanpur, P.O. Kamardiya, P.S. Sasaram (M), district Rohtas. 14. Deelip Pal s/o Ramashis pal r/o village Dawanpur, P.O. Kamandiya, p.S.Sasaram (M). 15. Chandra Kala Singh s/o Lal Bihari singh r/o village Amari, P.O. Karwandiya, P.S. Sasaram (M), District Rohtas. 16. Reena Kumari w/o Jai Prakash R/o village Admapur, P.O. Karwandiya, P.S. Sasaram (M), District Rohtas. 17. Kumari Anchana Rani w/o Om Prakash r/o Admapur, P.O. Kabwardiya, P.S. Sasaram (M), District Rohtas. 18. Sushma Kumari w/o Heera Lal singh r/o village Karma, P.O. Sasaram, P.S. Sasaram (M), Dist. Rohtas. 19. Geeta Kumari w/o Mahendra Singh r/o village Neema P.O. Karwandiya, P.S. Sasaram 9M), District Rohtas. 20. Birendra Prasad s/o Lallu Ram, r/o village Dawanpur, P.O. Karwandiya, P.S. Sasaram (M), District Rohtas. ----------- 2 28.09.2010 No one appears for the petitioner. Counsel for the State is present, who would point out that the following relief:- “For quashing Annexure-5 the letter no.3 dated 21.5.05 by which Respondent no.8 has ordered to join Respondent nos. 10 to 20 in the 2 School which has been mentioned in the letter at the post of Siksha Mitra under the Amari Panchayat of Sasaram block under the district of Rohtas and further for issuance of a writ in the nature of Mandamus, commanding the respondents to appoint the petitioner on the aforesaid post of Sikchha Mitra and further to provide the petitioner all legal and consequential benefits following therefrom.” so far it relates to direction for appointment of the petitioner on the post of Siksha Mitra, cannot be allowed in view of the fact that the post of Siksha Mitra has already stood abolished w.e.f. 1.7.2006. He would further submit that the grievance of the petitioner as against continuance of Respondent nos. 10 to 20 on the post of Siksha Mitra can still be raised by the petitioner before the District Teachers Appellate Authority, inasmuch as, respondent nos. 10 to 20 are said to have been engaged by the Mukhiya of the Gram Panchayat by order dated 21.5.2005. i.e. much before abolition of the post of Siksha Mitra w.e.f. 1.7.2006. Thus, this writ application is disposed of by making it clear that though the petitioner will not be entitled for her appointment on the post of Siksha Mitra in view of abolition of the post w.e.f. 1.7.2006, but then she will have liberty to assail the decision taken on 21.5.2005 before the District Teachers Appellate Authority questioning continuance/ re-appointment/ acceptance of joining of respondent nos. 10 to 20. With the aforementioned observations and directions this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.) 3