IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.443 of 2008 Punam kumari, daughter of Shree Digamber Prasad Yadav and wife of Shri Birendra Prasad Yadav, resident of village- Kariho, P.S. Supaul, District- Supaul. ……………… Petitioner Versus 1.The State of Bihar through the Secretary, Human Resources Development Department, New Secretariat, Bailey Road, Patna 2.Director, Primary Education, Department of Human Resources Development, Govt. of Bihar, Patna 3.District Magistrate, Supaul 4.District Superintendent of Education-cum-District Programme Co-ordinator, Sarv Shiksha Abhiyan, Supaul 5.Sub-Divisional Magistrate, Supaul 6.Executive Magistrate, Supaul 7.Block Development Officer, Supaul 8.Block Education Extension Officer-cum-Block Resources Centre, Co-ordinator, Supaul 9.Mukhiya, Deenapatti Gram Panchayat Police Station- Pipra Bazar, District- Supaul 10.Panchayat Secretary, Deenapatti Gram Panchayat, P.S. Pipra Bazar, District- Supaul 11.Head Master, Prathmik Vidyalaya Deenapatti, P.S. Pipra Bazar, District- Supaul …………… Respondents ----------- 5. 23/06/2011 Petitioner is aggrieved by her removal from the post of Shiksha Mitra on 30.6.2006 and selection of other candidates, i.e. just one day before the post became a regular post and the holders of the posts became regular employees. It is alleged that this was a malafide act on the part of the then Block Development Officer in connivance with Mukhiya and Panchayat Secretary to give undue advantage to other persons on account of change in law in respect of the post the incumbent continuing on it with 2 effect from 1.7.2006. However, it is admitted that the petitioner has not moved the Appellate Authority constituted under Rule 18 of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Sart) Niyamvali, 2006 (as amended by Amendment Act, 2008) against the said act of the respondents. In the circumstances, this writ application is disposed of with liberty to the petitioner to move the appropriate Appellate Authority within one month from today. If she moves the Appellate Authority within the time, her appeal shall be considered by the Appellate Authority on merits without going into the question of limitation. The parties shall be heard before final orders are passed in the appeal. Petitioner will be at liberty to refer to or rely upon the pleadings available on the records of this writ matter filed by either of the parties. Petitioner’s prayer for payment of honorarium for the period of her actual working shall also be considered by the Appellate Authority at the time of final hearing of the appeal. Pradeep/ ( J. N. Singh,J.) 3