IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3680 of 2009 DESAI RAM, Son of Bhulan Ram, resident of Village – Dhobani Tola, Sugauli, P.S. Lauria, District – West Champaran. ….. Petitioner. Versus 1. THE STATE OF BIHAR. 2. Padmawat Tiwary, Wife of Manchan Tiwary, Present Mukhiya of village and Panchayat Dhobani, P.S. Lauriya, District – West Champaran. 3. The District Superintendent of Education, Bettiah, West Champaran. 4. District Magistrate, Bettiah, District – West Champaran. 5. Block Education Extension Officer, Lauriya, West Champaran, Bettiah. 6. Panchayat Sevak, Lauriya, West Champaran, Bettiah. ….. Respondents. ----------- 02/ 19.11.2009 Counsel for the petitioner is permitted to implead the Block Education Extension Officer, Lauriya and Panchayat Secretary, Lauriya Gram Panchayat as respondent nos. 5 and 6. Heard counsel for the petitioner and counsel appearing for the State. I.A. No. 7068 of 2009 has been filed by the petitioner for a direction to the respondents to make payment of his salary, which has been stopped since 10.5.2006. Earlier also petitioner had come before this Court for similar relief in C.W.J.C. No. 15579 of 2007, which was withdrawn by him with a liberty to represent his case before the concerned authority and the direction was issued to the authority to dispose of the representation within three - 2 - months from the date of the receipt of the representation. The representation of the petitioner remains pending, as such petitioner has again moved before this Court by filing C.W.J.C. No. 3680 of 2009. Petitioner’s case is that he has filed his representation, but the authorities are neither disposing it of nor passing any order regarding payment of salary. The substance of petitioner’s submission is that his salary has been stopped for the reason that initially he was appointed on the post of Panchayat Shiksha Mitra with matriculation as his qualification. Subsequently when the qualification of Panchayat Shikha Mitra was enhanced to Intermediate, petitioner also acquired the qualification of Intermediate but after more than three years of his initial appointment. A resolution had been taken by the Human Resources Development Department, State of Bihar that the Panchayat Shiksha Mitra appointed or absorbed on the post of Panchayat teacher will have to acquire Intermediate qualification within three years, in case it is not done they will be removed from their service. In the case of the petitioner, till date he has not been terminated but payment - 3 - of salary has been stopped. I find that the reason for which the petitioner’s salary is stopped is not legal in view of the judgment and order passed by this Court in C.W.J.C. No. 3700 of 2009 (Indu Devi Vs. The State of Bihar & Ors.), wherein this issue has been decided and finding has been recorded as follows:- “Intention behind fixing time for acquiring enhanced qualification of intermediate must have been to improve educational qualification and knowledge capacity of Shiksha Mitra, already absorbed on the post of Panchayat teachers. Enhancement of qualification was essential for improving standard of teaching in Primary schools, which is the starting point of educational system. It is for the benefit of both the i.e. teachers and students. Intention behind these Government Circulars is no case can be punitive and should not be used as a weapon to harass Panchayat Shiksha Mitra already absorbed as Teachers.” - 4 - Accordingly, this writ application is disposed of giving direction to respondent nos. 2, 5 and 6 to make payment of petitioner’s salary which has been stopped since 10.5.2006. The arrears of salary must be paid to the petitioner within eight weeks from the date of production/ communication of this order and his month to month current salary should be resumed and paid regularly. DKS/ (Mridula Mishra, J.)