IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1257 of 2011 In Civil Writ Jurisdiction Case No. 18860 of 2010 ====================================================== 1. Md.Aquil Ahmad S/o Late Usman Sahab, R/o Vill.- Parbalpur under Gram Panchayat Kamta, P.O. & P.S.- Hilsa , Distt.- Nalanda 2. Pappu Ravidas, S/o Baliram Das, R/o Vill.- Madanpur under Gram Panchayat - Kamta, P.O.- Bhobhi, P.S.- Hilsa, Distt.- Nalanda ....Petitioners .... Appellants Versus 1. The State of Bihar. 2. Secretary, H.R.D. (Human Resources Development) Department, Bihar, Patna. 3. District Magistrate, Nalanda. 4. Director, Primary Education, Bihar, Patna. 5. District Superintendent of Education, Hilsa , Nalanda. 6. Block Development Officer, Hilsa, Nalanda. 7. Block Education Extension Officer, Hilsa, Nalanda. 8. Mukhia, Gram Panchayat, Kamta, Hilsa, Nalanda. 9. Head Mistress, Prathmik Vidayalya, Teen Rukhia, Hilsa, Nalanda. 10. Head Master, Middle School, Daha Bigha, P.S.- Hilsa, Distt.- Nalanda. 11. Santosh Kumar, Panchayat Teacher, Utkranmit Middle School, Kamta, Hilsa, Nalanda. 12. Shailendra Kumar Choudhary, Panchayat Teacher, Primary School, Madanpur, P.S.- Hilsa, Distt.- Nalnada. ....Respondents .... Respondents ====================================================== Appearance : For the Appellant/s : Mr. R. K. Rajan, Advocate For the Respondent/s : ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER Patna High Court LPA No.1257 of 2011 (2) dt.19-09-2011 2 (Per: HONOURABLE THE CHIEF JUSTICE) 2 19-09-2011 Feeling aggrieved by the order dated 27th June 2011 made by the learned single Judge in above CWJC No.18860 of 2010, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The matter at issue is the appointment of the appellants as Panchayat Shiksha Mitra. It appears that in August 2003, the appellants were appointed as Panchayat Shiksha Mitra in Gram Panchayat Kamta, P.O. & P.S. Hilsa, District Nalanda under the then prevalent scheme for selection and employment of Panchayat Shiksha Mitra. After completion of the contractual period of employment they were re-employed for the second time in 2004. After completion of contractual period of 11 months the second time, they were not re-employed for the third time. The re- employment of the appellants for the third time is the subject matter of dispute in the present proceeding. After abolition of the post of Panchayat Shiksha Mitra with effect from 1st July 2006 under the Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006 and in view of the judgment in the matter of Smt. Renu Kumari Pandey Vs. The State of Bihar and Ors. (CWJC No. 10113 of 2007 and analogous matters) decided on 23rd August 2011, the appellants cannot be deemed to have been re-employed as Panchayat Shiksha Mitra in 2005 and deemed to be absorbed as Panchayat Shikshak under Rule 20 (iii) of the Rules, 2006. Learned single Judge has rightly dismissed the writ petition. Patna High Court LPA No.1257 of 2011 (2) dt.19-09-2011 3 No case for interference is made out. Appeal is dismissed in limine. Anjani /- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)