IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2970 of 2010 POONAM DEVI W/O MUKHNARAYN RAI R/O VILL- PHULPURA, PO- CHAKSIKANDAR, P.S- BIDUPUR, DISTT- VAISHALI. VERSUS 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER- CUM-SECRETARY, DEPARTMENT OF EDUCATION, GOVT.OF BIHAR, NEW SECRETARIATE, BIHAR, PATNA 2. THE DIRECTOR, THE PRIMARY EDUCATION, GOVT. OF BIHAR, NEW SECRETARIATE, BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, VAISHALI 4. THE DISTRICT EDUCATION OFFICER, VAISHALI 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, VAISHALI 6. THE BLOCK DEVELOPMENT OFFICER, BIDUPUR BLOCK UNDER VAISHALI DISTRICT 7. THE BLOCK EDUCATION EXTENSION OFFICER, BIDUPUR BLOCK UNDER VAISHALI, DISTRICT 8. THEPANCHAYAT SECRETARY, GRAM PANCHAYAT CHAKTHAKURSI KUSHIYARI, BIDUPUR BLOCK UNDER VAISHALI DISTRICT 9. THE MUKHIA GRAM PANCHAYAT CHAKTHEKURIS KUSHIYARI BIDUPUR BLOCK UNDER VAISHALI, DISTRICT. ----------- 02 03.11.2010 The petitioner was selected as Shiksha Mitra in the year 2003 and subsequently got absorbed as Panchayat Teacher in the year 2006. She alleges that since March 2007 she is not being paid her salary though she is continuously working ostensibly that she had not upgraded her educational qualification within the time frame fixed by the Government. She alleges that she gave the examination of Shahitya Bhushan. The result whereof was declared on 23.04.2006. She also cleared the Intermediate examination from the Bihar School Examination Board. The result whereof was declared on 04.06.2009 in second division. She alleges that in view of the subsequent Government decision of the year 2008 and the judgment of this Court in the case of Indu Devi Vs. The State of Bihar and others being - 2 - C.W.J.C. No.3700 of 2008 disposed of on 14.07.2008, she is entitled to be reinstated but the respondents, even though the petitioner is working, is not paying the salary. Having heard the parties, in my view, there is no point in keeping the writ petition pending before this Court. In view of the facts, as noticed above, the petitioner having enhanced her educational qualification with Intermediate in second division and in view of the policy decision of the State Government, she has to be reinstated. The consequence whereof would be that she will be paid her due salary. The responsibility whereof would be on the respondent nos.8&9, being the Panchayat Secretary and Mukhiya of Gram Panchayat, Chakthakursi Kushiyari, Bidupur Block under Vaishali district. Upon petitioner filing copy of order of this Court before the respondent nos.8&9, they would verify the fact that petitioner has passed the said two examinations, as noted above, her salary would be resumed and arrears of salary would be paid for the period she had worked. This will be done within three months from the date of production of a copy of this order before the Panchayat Secretary and Mukhiya of Gram Panchayat, Chakthakursi Kushiyari, Bidupur Block under Vaishali district. With these observations and directions, the writ petition is disposed of. Trivedi/ (Navaniti Prasad Singh, J.)