IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15020 of 2010 1. BIBHA KUMARI D/O SRI SHAMBHU PRASAD YADAV R/O MOHALLA- LALIYAHI, WARD NO.3, P.S.- SAHAYAK MIRCHAIBARI, DISTT.- KATIHAR Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, KATIHAR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, KATIHAR 5. THE MEMBER DISTRICT TEACHERS EMPLOYMENT APPELLATE AUTHORITY, KATIHAR 6. THE BLOCK DEVELOPMENT OFFICER, PRANPUR, DISTT.- KATIHAR 7. THE BLOCK EDUCATION EXTENSION OFFICER, PRANPUR, DISTT.- KATIHAR 8. THE MUKHIYA, GRAM PANCHAYAT RAJ BASTOLI, PRANPUR BLOCK, DISTT.- KATIHAR 9. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ, BASTOLI, BLOCK- PRANPUR, DISTT.- KATIHAR ----------- 2 26/04/2011 Petitioner was removed from service because she was holder of a vocational course Intermediate degree. At one point of time there was some dispute whether such persons are eligible for appointment as a Panchayat teacher but by judicial pronouncement made by the High Court even holders of such degree were held to be eligible for appointment. Petitioner challenged the order of removal and that order was set aside by the District Teachers - 2 - Appointment Appellate Authority, Katihar on 11.05.2009 and a direction was also issued by the Appellate Authority to the Gram Panchayat Raj Bastoli, Block Pranpur, i.e. Mukhia and the Panchayat Secretary to implement the order but since then nothing has been done. A counter affidavit has been filed on behalf of the State indicating therein that appropriate directions have been issued at the level of the respondents to reinstate the petitioner pursuant to the direction issued in Appeal No. 924 of 2009. However, the Mukhia and Panchayat Secretary are ignoring the same. This writ application is disposed of with a clear direction to the Mukhia and Panchayat Secretary (respondent nos. 8 and 9) that they will reinstate the petitioner forthwith within a period of six weeks, failure to do so may entail suitable action against them not only in contempt application by this Court but the petitioner will be also at liberty to file a copy of this order with an application to the District Magistrate, Katihar who is also given freedom to take appropriate action against the Mukhia including Panchayat Secretary concerned - 3 - because Panchayat Secrtary after all is a government servant and has an obligation to implement the decision of the superiors. This writ application is disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)