IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11921 of 2006 BAJARANG KUMAR 'JYOTI'@ BAJRANG KUMAR ‘ s/o Sri Prasadi Ram, resident of village Dhanaw, English P.O,. Dhanaw English, P.S. Nasariganj, District- Rohtas at Sasaram. … Petitioner. Versus 1. THE STATE OF BIHAR. 2. The Secretary, Primary and Adult Education Department, New Secretariat, Patna, Bihar. 3.The District Magistrate, Rohtas, Sasaram. 4. The District Padadhikari, Rohtas, Sasaram. 5. The District Shiksha , Adhikshak, Sasaram. 6. The Prakhand Shiksha Prasar Padadhikari, Nasriganj, Rohtas, Sasaram. 7. The Head Teacher, Primary School , Dhanaw (English), Nasriganj, District, Rohtas (Sasaram). 8. The President School Shiksha Samiti, Primary School, Dhanaw (English), Nasriganj, District- Rohtas, Dhanaw (English). 9. The President, Village Shiksha Samiti, Dhanaw(English) Nasriganj, District- Rohtas, Sasaram. 10.The Mukhiya, Panchayat Dhanaw, Nasriganj, District- Rohtas. 11. The Secretary, Gram Panchayat, Dhanaw, P.S. Nasriganj, District- Rohtas, Sasaram. 12. Baban Chaudhary s/o Rajendra Chaudhary, resident of village Dhanaw (English) P.O. and P.S. Nasriganj, District- Rohtas at Sasaram. … Respondents ----------- 3 15.4.2011 The petitioner was selected and appointed, as Shiksha Mitra, for a period of eleven months, on contractual basis, on 24.5.2005. He alleges that he worked as such till 30.8.2005 when he suddenly fell ill and went to Ranchi for treatment. He remained under treatment up to 4.7.2006 i.e. almost one year and then sought to join. When he was not allowed to join, respondent no.12 had, in the meantime, been appointed. A counter affidavit has been filed on behalf of respondent no.12. He has clearly stated that the petitioner having absconded without any intimation and as the students are suffering, respondent - 2 - no.12 being the next in the merit list then appointed as Shiksha Mitra. He points out that with effect from 1.7.2006, the Bihar Primary Panchayat Teacher (Appointment and Service Condition) Rules, 2006 came into being and all Shiksha Mitras, who were working on that day were absorbed as Primary Panchayat Teacher on permanent basis. It is because of that the petitioner who had abandoned his work now suddenly became interested and tried to rejoin. It is clear that the petitioner who absconded from his work for over a year, which work itself was a contractual for eleven months, he has no right to continue in the service. The writ petition is accordingly dismissed. singh (Navaniti Prasad Singh,J)