IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18550 of 2008 BIMLA DEVI @ BIMLA KUMARI, wife of Raj Kishore Tiwary, resident of village- Tiwarichak, Gram Panchayat –Ibrahimpur, P.S. Naubatpur, P.O. Nagwan, District- Patna…….Petitioner. Versus 1. THE STATE OF BIHAR 2. District Magistrate, Patna 3. The Deputy Development Commissioner , Patna 4. The District Superintendent of Education ,Patna 5. The Block Development Officer , Naubatpur Lock, Patna 6. The Block Education Officer, Naubatpur Lock, Patna 7. The Principal Secretary , Gram Panchayat Ibrahimpur, Dist-Patna 8. The Mukhiya, Gram Panchayat Ibrahimpur , at Tiwarichak, Naubatpur, District-Patna ………………………..Respondents For the Petitioner: Mr. Gopal Govind Mishra For the State : Mr. Ramchandra Prasad Bhanti, S.C.-14 Mr. Ajay Kumar, Asstt. Counsel to S.C.-14 ----------- 2. 16.03.2009 Heard the counsel for the petitioner and the state. Petitioner is aggrieved as she is not being allowed by the Mukhiya of concerned Gram Panchayat to sign the attendance register of the school in view of the order contained in letter No. 971 dated 20.9.2007 issued by the District Magistrate, Patna. Petitioner was initially appointed as Panchayat Shikcha Mitra as Matric trained vide letter No. 56/02-03 in the year 2003 for 11 months. She joined in the Primary School, Tiwarichak on the basis of appointment letter dated 22.02.2003. The period was further extended w.e.f. 12.03.2004. Second extension was given to the petitioner vide Letter No. 01/05-06 dated 02.04.2005. During the extended period of her appointment on the post of Shikcha Mitra, she enhanced her qualification and now she possesses degree which is equivalent to intermediate. The petitioner has now been absorbed as Panchayat Teacher after coming into force of - 2 - Bihar Panchayat Primary Teacher (Appointment & Service Conditions) Rule, 2006 w.e.f. 01.07.2006. However, she was restrained by the Mukhiya from putting her signature on the attendance register. This order was passed by the Mukhiya in view of direction issued by the Department of Human Resources Development, Govt. of Bihar contained in Memo No. 8/73-/22/03 672. Counsel for the petitioner submits that now the controversy has been resolved. Letter No. 971 dated 20/9/07 issued by the Collector, has been quashed by the Deputy Development Commissioner on the basis of order contained in Memo No. 5187 dated 01.08.2008, Mukhiya of the concerned Gram Panchayat has also issued a letter that after disposal of the writ application filed by the petitioner, the restrain which has been put on the petitioner, will be removed. She will be allowed to put her signature on the attendance register and she will continue on the post. Considering these facts, this writ application is being disposed of. The Mukhiya of Gram Panchayat , Ibrahimpur at Tiwarichak, Naubatpur, Patna will allow the same facilities to the petitioner as it has been done in the case of other similarly situated persons. The petitioner will be treated as regular appointee primary teacher. She will be allowed all other consequential benefits. AKV/ (Mridula Mishra,J.)