IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8249 of 2008 Abhay Kumar Singh, son of Late Harendra Singh, resident of village Mohammadpur Barni, P.S. Motipur, District- Muzaffarpur. ………. Petitioner Versus 1.The State Of Bihar through the District Magistrate, Muzaffarpur 2.The District Superintendent of Education, Muzaffarpur 3.The Block Development Officer, Motipur Block, District- Muzaffarpur 4.The Panchayat Secretary, Mohammadpur Balmi, Panchayat Motipur Block, District- Muzaffarpur. …………. Respondents ---------------------------------- 3. 11/08/2011 Petitioner has filed this writ application challenging an order of the District Magistrate, Muzaffarpur dated 6.2.2008, annexed as Annexure-3 with the writ application, by which appointments of petitioner and some others as Panchayat Teachers have been cancelled. Petitioner has also prayed for payment of remuneration/honorarium for the period February, 2006 to December, 2007. Submission of learned counsel for the petitioner is that under 2006 Rules the Collector has no power to terminate services of Panchayat Teachers. Submission of learned counsel for the petitioner is correct. Therefore, apparently 2 the order of the Collector is without jurisdiction. However, with regard to the claim of the petitioner for salary of December, 2007, it appears from the absentee report that the petitioner has worked for a single day in December, 2007 and thereafter he had resigned. Moreover, whether petitioner has worked during the period claimed by him or not is a question of fact which has to be verified from the original records. In the circumstances, petitioner is granted liberty to move the concerned statutory Appellate Authority within four weeks from today for payment of his remuneration/ honorarium of the period. If he does so, the Appellate Authority shall call for the original records from the School, shall verify the fact whether petitioner had been validly appointed and had worked in the School or not during the period, shall issue notice to the respective parties giving them opportunity to be heard and thereafter shall decide the entitlement of the petitioner for his monetary dues in accordance with law, preferably within a 3 period of two months from the date of filing of appeal/representation. The writ application is disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh,J.)