IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8611 of 2007 PRAMILA KUMARI & ORS Versus THE STATE OF BIHAR & ORS ----------- 2. 11.08.2008 Heard learned counsel for the petitioners and the State. Petitioners were supervisor under Non-formal Adult Education Scheme. In 1995 their services were terminated. In pursuance of the order passed in the writ application followed by contempt proceedings in the year 2000, directions were given with guidelines for the purpose of their absorption. Pursuant thereto a limited competitive examination was held. The result thereof was published on 5.3.2004. Petitioners were successful candidates when recommendation was made by letter no. 1380 dated 6.6.2004 addressed to the District Magistrate, Nalanda for their appointment/absorption on the post of teacher. Learned counsel submits that notwithstanding this recommendation of 2004 made in their favour, no further steps were taken by the Respondents to implement the same even while violating the merit position of the some of the petitioners. Persons at serial 29 and 46 of the merit list were granted the benefit of such appointment when they had qualified in the same selection process along with the petitioners. This discrimination meted out to the petitioners has now been further compounded when the Respondents seek to take advantage of their own lapses to now urge that since the petitioners were appointed in the year 2007 on the recommendation of 2004 and in between the new Rules for appointment and service conditions of - 2 - Panchayat Primary teachers have been framed in 2006, the service conditions of the petitioners shall be governed by the same. In the facts and circumstances of the case, there can be no justification treating the petitioners as appointees under 2006 Rules. The petitioners shall be deemed to be the appointees under the Rules as existing on the date that recommendation came to be made on 6.6.2004 and their service conditions shall be regulated accordingly. The writ application stands allowed to that extent. AKS/ (Navin Sinha, J.)