IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7224 of 2007 1. RAKESH RANJAN, S/O SHRI KAUSHAL KUMAR, R/O VILLAGE+P.O.-MASHAURA, P.S.-RAMGARH, DISTRICT-LAKHISARAI. 2. RANJANA KUMARI, W/O RAKESH RANJAN, R/O VILLAGE+P.O.-MAHSHAURA, P.S.-RAMGARH, DISTRICT-LAKHISARAI. ………………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. DISTRICT MAGISTRATE, LAKHISARAI. 4. BLOCK DEVELOPMENT OFFICER, RAMGARH CHOWK (LAKHISARAI), BIHAR. 5. DISTRICT SUPERINTENDENT OF EDUCATION, LAKHISARAI. 6. GRAM PANCHAYAT SACHIV, GRAM PANCHAYAT RAJ BHANWARIA, DISTRICT-LAKHISARAI. 7. HEADMASTER, PRIMRY SCHOOL, PHULAIA, DISTRICT-LAKHISARAI. 8. MUKHIYA, GRAM PANCHAYAT BHANWARIA, DISTRICT-LAKHISARAI. ………………RESPONDENTS. ----------- 7 17.05.2010 The dispute in this case is with regard to the appointment of the petitioners as Shiksha Mitra. As per the claim, they were validly appointed and they joined also in the school, but the Headmistress did not allow them to mark their attendance and did not pay their salary. Petitioners had filed this case earlier which was disposed of by order dated 9.2.2009 with direction to the respondents to pay their salary. However, respondent no. 8, the Mukhiya moved in appeal on the ground that before - 2 - passing of the said order he was not noticed and heard. Therefore, the matter was remitted back to be heard afresh. The earlier counter affidavit on the basis of which the writ application was allowed was sworn by the BDO on behalf of the respondents. The respondent no. 8 has now appeared in terms of the Division Bench order and filed his counter affidavit. In the counter affidavit he has raised a dispute with regard to the validity of the appointment of the petitioners with reference to some records. This Court feels it appropriate that the matter of validity of appointment of the petitioners should be first examined by the District Appellate Authority constituted under the Rules which shall call for the original records, examine the same and decide the dispute as raised by the present Mukhiya. In terms of the orders of the Division Bench, the petitioners have joined and now they are being paid their salary from the date of joining. In respect of joining and payment of salary of the petitioners the order of the Division Bench shall continue till final orders are passed by the Appellate Authority and the - 3 - respondent no. 8, the Mukhiya, shall be personally responsible for regular payment of salary of the petitioners on month to month basis. Learned counsel appearing for respondent no. 8 Mr. Pravin Kumar has insisted for hearing of the application on merits. However, this Court refuses his prayer in view of the fact that in this case the original records are requires to be verified for coming to a definite finding whether the appointment of the petitioners were valid or not. In the circumstances, the writ application is disposed of and the matter is remitted to the District Appellate Authority, Lakhisarai for hearing the parties and decide the dispute after verification of facts from the original records. The respondent no. 8 shall produce a copy of this order before the concerned Appellate Authority and upon such production the authority shall issue notice to the petitioners to appear before it within a fortnight. The notice shall be issued to them through the office of the Headmistress of the - 4 - school and if the petitioners do not appear before the Appellate Authority within a fortnight the Appellate authority will be at liberty to proceed ex parte. If they appear they will be allowed to file fresh affidavits, representations and produce records as they may chose. In case the Appellate Authority finds that the petitioners’ appointment were valid and they were not allowed to mark their attendance and draw their salary because of the Headmistress or the Mukhiya, appropriate order shall be passed for payment of salary of the petitioners from initial date of appointment. The Appellate Authority shall decide this matter positively within three months from the date of receipt/production of a copy of this order through respondent no. 8. The interim orders passed by this Court earlier restraining the Mukhiya from signing other bills shall stand withdraw. Arvind/ (J. N. Singh, J.)