IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.112 of 2009 SUDAMA KUMAR PASWAN, SON OF SHREE RAGHUNANDAN PASWAN, PANCHAYAT SHIKSHAK, PRIMARY SCHOOL PURANI JUIRY,L GRAM PANCHAYAT – JUIRY, POLICE STATION AND BLOCK – PAKARIBURAWAN, DISTRICT – NAWADA. ……………… PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 3. THE DISTRICT MAGISTRATE, NAWADA. 4. THE DISTRICT EDUCATION OFFICER, NAWADA. 5. THE BLOCK DEVELOPMENT OFFICER, PAKARIBARAWAN, NAWADA. 6. THE BLOCK EDUCATION EXTENSION OFFICER, PAKARIBARAWAN, NAWADA. 7. THE MUKHIYA GRAM PANCHAYAT JUIRY, BLOCK AND POLICE STATION – PAKARIBARAWAN, DISTRICT – NAWADA. 8. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT JUIRY, DISTRICT – NAWADA. …………. RESPONDENTS. ---------------------------------- With Civil Writ Jurisdiction Case No.130 of 2009 BHARATI KUMARI, WIFE OF SHREE SIDHESHWAR MAHTO, PANCHAYAT SHIKSHAK, PRIMARY SCHOOL BENGRAJPUR, GRAM PANCHAYAT JUIRY BLOCK AND POLICE STATION – PAKARIBARAWAN, DISTRICT – NAWADA. ……………… PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 3. THE DISTRICT MAGISTRATE, NAWADA. 4. THE DISTRICT EDUCATION OFFICER, NAWADA. 5. THE BLOCK DEVELOPMENT OFFICER, PAKARIBARAWAN, NAWADA. 6. THE BLOCK EDUCATION EXTENSION OFFICER, PAKARIBARAWAN, NAWADA. 7. THE MUKHIYA GRAM PANCHAYAT JUIRY, BLOCK AND POLICE STATION – PAKARIBARAWAN, DISTRICT – NAWADA. 8. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT JUIRY, DISTRICT – NAWADA. …………. RESPONDENTS. ---------------------------------- With Civil Writ Jurisdiction Case No.132 of 2009 ASHA KUMARI, WIFE OF SHREE SANJAY KUMAR, PANCHAYAT SHIKSHAK, MIDDLE SCHOOL, MARWA, GRAM PANCHAYAT JUIRY, POLICE STATION AND BLOCK – PAKARIBARAWAN, DISTRICT – NAWADA. ………. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 2 2. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 3. THE DISTRICT MAGISTRATE, NAWADA. 4. THE DISTRICT EDUCATION OFFICER, NAWADA. 5. THE BLOCK DEVELOPMENT OFFICER, PAKARIBARAWAN, NAWADA. 6. THE BLOCK EDUCATION EXTENSION OFFICER, PAKARIBARAWAN, NAWADA. 7. THE MUKHIYA GRAM PANCHAYAT JUIRY, BLOCK AND POLICE STATION – PAKARIBARAWAN, DISTRICT – NAWADA. 8. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT JUIRY, DISTRICT – NAWADA. …………. RESPONDENTS. ---------------------------------- With Civil Writ Jurisdiction Case No.218 of 2009 PURSHOTAM KUMAR, SON OF SHREE KESHARINANDAN SINGH, PANCHAYAT SHIKSHAK, MIDDLE SCHOOL, DUMARI, GRAM PANCHAYAT JUIRY, POLICE STATION AND BLOCK – PAKARIBARAWAN, DISTRICT – NAWADA. …………. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 3. THE DISTRICT MAGISTRATE, NAWADA. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADA. 5. THE BLOCK DEVELOPMENT OFFICER, PAKARIBARAWAN, NAWADA. 6. THE BLOCK EDUCATION EXTENSION OFFICER, PAKARIBARAWAN, NAWADA. 7. THE MUKHIYA GRAM PANCHAYAT JUIRY, BLOCK AND POLICE STATION – PAKARIBARAWAN, DISTRICT – NAWADA. 8. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT JUIRY, DISTRICT – NAWADA. …………. RESPONDENTS. ---------------------------------- With Civil Writ Jurisdiction Case No.225 of 2009 ARCHANA KUMARI, WIFE OF SHREE SHAMBHU SINGH, PANCHAYAT SHIKSHAK, PRIMARY SCHOOL, SIMARIA, GRAM PANCHAYAT JUIRY, POLICE STATION AND BLOCK – PAKARIBARAWAN, DISTRICT – NAWADA. ……… PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 3. THE DISTRICT MAGISTRATE, NAWADA. 4. THE DISTRICT EDUCATION OFFICER, NAWADA. 5. THE BLOCK DEVELOPMENT OFFICER, PAKARIBARAWAN, NAWADA. 6. THE BLOCK EDUCATION EXTENSION OFFICER, PAKARIBARAWAN, NAWADA. 7. THE MUKHIYA GRAM PANCHAYAT JUIRY, BLOCK AND POLICE STATION – PAKARIBARAWAN, DISTRICT – NAWADA. 8. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT JUIRY, DISTRICT – NAWADA. …………. RESPONDENTS. 3 ---------------------------------- With Civil Writ Jurisdiction Case No.354 of 2009 LAKESHWAR YADAV, SON OF SHREE BUNDI YADAV, PANCHAYAT SHIKSHAK, PRIMARY SCHOOL, ARASAMIAN, GRAM PANCHAYAT JUIRY, BLOCK AND POLICE STATION PAKARIBARAWAN, DISTRICT – NAWADA. ……….. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 3. THE DISTRICT MAGISTRATE, NAWADA. 4. THE DISTRICT EDUCATION OFFICER, NAWADA. 5. THE BLOCK DEVELOPMENT OFFICER, PAKARIBARAWAN, NAWADA. 6. THE BLOCK EDUCATION EXTENSION OFFICER, PAKARIBARAWAN, NAWADA. 7. THE MUKHIYA GRAM PANCHAYAT JUIRY, BLOCK AND POLICE STATION – PAKARIBARAWAN, DISTRICT – NAWADA. 8. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT JUIRY, DISTRICT – NAWADA. …………. RESPONDENTS. ---------------------------------- For the Petitioners : - Mr. Ajay Kumar Sharan, Advocate (in all writ applications) For the State : - Mr. AAG 10 Mr. Dilip Kumar, AC to GA 2 Mr. Sanjay Prakash Verma, AC to GA 3 Mr. Shiv Kumar, AC to GA7 Mr. Pankaj Kumar, AC to GA 8 Mr. Manoj Kumar Jha, AC to GA 1. ---------------------- 04/ 19.08.2011 Heard counsel for the petitioners and the counsel representing the State in each case. Petitioners were initially appointed as Panchayat Shiksha Mitra and subsequently after coming into force of Bihar Primary Teachers (Appointment and Service Conditions) Rules, 2006 they were absorbed on the post of Panchayat Teachers in different schools within the jurisdiction of Gram Panchayat – Juiry, Block – Pakaribarawan in the 4 district of Nawada. However, the appointments of the petitioners were challenged by some of the candidates, who were also interested is being appointed on the post. The appeal, challenging appointments of petitioners was subsequently decided in favour of the petitioners by the District Teachers Employment Appellate Tribunal, Nawada vide order dated 13.4.2010 contained in Memo No. 28. Petitioners thereafter approached the District Education Officer, Nawada for payment of their salary, but no order has been passed. The petitioner in C.W.J.C. No. 112 of 2009 has brought on record through supplementary affidavit the direction issued by the Director, Primary Education, Human Resources Development Department to the District Education Officer, Nawada for releasing the fund in favour of the concerned gram panchayat for making payment of salary to Panchayat Shiksha Mitra and the Panchayat Teachers, specially when order by competent forum has already been passed in faovur of such Panchyat Teachers and Panchayat Shiksha Mitra. Petitioner has also annexed a requisition sent by Mukhiya of Gram Panchayt Juiry to 5 the District Superintendent of Education, Nawada for allotment of fund, so that payment of salary can be made to the petitioners, due since October, 2007. In the counter affidavit filed on behalf of District Education Officer, Nawada (Respondent No. 4) it has been stated that no requisition has been sent by the concerned Mukhiya to the District Superintendent of Education, Nawada, subsequently to the decision of Appellate Tribunal holding appoint of petitioners as valid appointment. Fund could not be released, due to lack of information for making payment of salary to the petitioners. All these writ applications are allowed, directing the Mukhiya and the Panchayat Secretary of Juiry Gram Panchayat for sending requisition to the District Education Officer, Nawada for allotment of fund. The District Education Officer, Nawada will immediately release fund in favour of Mukhiya and Panchayat Secretary for making payment of the salary to the petitioners, due since October, 2007. The Mukhiya and Panchayat Secretary must send requisition within one week from the date of 6 receipt/communication of this order or on production of this order by the petitioners before him. The District Education Officer, Nawada will release fund within one week from the date he receives requisition. In no case there should be delay of more than eight weeks from today in making payment of salary to the petitioners, which is due since October, 2007. DKS/ (Mridula Mishra, J.)