IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1196 of 2008 1. SONI KUMARI, D/O SURESH PASWAN. 2. KIRAN KUMARI, D/O SRI UMESH CHANDRA RAI. 3. JYOTI KUMARI, D/O SRI RAMCHANDRA PRASAD GUPTA. 4. MINAKSHI GUPTA, D/O LATE AMAL CHANDRA GUPTA. 5. SUNITA GUPTA, W/O SURENDRA KUMAR GOSWAMI. ALL RESIDENT OF VILLAGE-KUWARI, P.S.+BLOCK-KURSHA KANTA, DISTRICT-ARARIA. 6. SURENDRA PD. YADAV, S/O MAHABIR YADAV, R/O VILLAGE-BISHANPUR, P.O.-KUWARI, ANCHAL+P.S.- KURSHA KANTA, DISTRICT-ARARIA. 7. RABINDRA KUMAR JHA, S/O MATHURANAND JHA, R/O VILLAGE-RAHATMINA. 8. PARSURAM SINGH, S/O LATE HALDHAR SINGH, R/O VILLAGE-KATFAR, P.S. AND BLOCK-KURSA KANTA, DISTRICT-ARARIA. …………………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, ARARIA. 3. THE SUB-DIVISIONAL OFFICER, ARARIA. 4. THE BLOCK DEVELOPMENT OFFICER, KURSHA KANTA, DISTRICT-ARARIA. 5. THE MUKHIYA, GRAM PANCHAYAT, KUWARI, P.S. AND BLOCK-KURSHA KANTA, DISTRICT-ARARIA. 6. THE SECRETARY, GRAM PANCHAYAT, KUWARI, P.S. AND BLOCK-KURSHA KANTA, DISTRICT-ARARIA. 7. SANJAY KUMAR SINGH, S/O RAGHU SINGH. 8. BALJEET KAUR, W/O BISHWAJEET SINGH, BOTH- VILLAGE-KUWARI, P.S. AND BLOCK-KURSHA KANTA, DISTRICT-ARARIA. 9. AKHILESH KUMAR SINGH, S/O MULCHAND SINGH, VILLAGE-MEGHA ASHRAHA, P.S. AND BLOCK-KURSHA KANTA, DISTRICT-ARARIA. 10.PRAFUL CHAND DIPAK, S/O LATE SATNARAIN SAH, R/O VILLAGE-KUWARI, P.S. AND BLOCK- KURSHA KANTA, DISTRICT-ARARIA. …………………RESPONDENTS. ----------- 4 17.09.2010 The eight petitioners have filed this writ application challenging the order passed by the Block Development Officer, Kursha Kanta, District-Araria dated 06.12.2007, by 2 which, on some complaints, the entire appointment of Panchayat Teachers in the Panchayat of Kuwari has been cancelled and order has been issued for initiating process for re-counselling. Learned counsel for the petitioners has rightly submitted that the order is ex- parte and the petitioners who are already appointed were never noticed and heard. In the circumstances, the said order of the Block Development Officer, as contained in Annexure-1, is quashed and the matter is remitted to the District Teachers Employment Appellate Authority of District Araria for reconsideration of the matter on merits after giving due opportunity to all the concerned parties. The matter shall be decided within the time frame fixed in the Rules for disposal of such matters. The petitioners shall produce a copy of this order along with formal application for initiation of the hearing of the matter by the said Authority. The Appellate Authority shall call for the original records, consider the same and shall ensure that complaint petitions and other documents which may be 3 considered in the matter are serve on all the concerned parties well in time. It is made clear that, till the hearing is concluded by the Appellate Authority and orders are passed, petitioners shall not stake their claim for rejoining and payment of salary which shall depend on the orders of the Appellate Authority. However, in case, the petitioners are admittedly continues in the service they shall not be disturbed, without any claim whatsoever on the basis of such continuance. The writ application is disposed of with the aforesaid observations and directions. It is made clear that this Court has not expressed its opinion on the merits of the claims of the petitioners. Arvind/ ( J. N. Singh, J.)