IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10665 of 2008 PANKAJ KUMAR SHARMA & ORS Versus THE STATE OF BIHAR & ORS ----------- 3 8.4.2009 Heard learned Counsels for the petitioner and the State. Petitioner is aggrieved by the order dated 31.2.2008 passed by the Block Extension Education Officer, Belsand, by which directions have been issued preventing the petitioner from discharging duties. The submission is that in consequence thereof even the payment of salary has been stopped. Learned Counsel for the petitioner makes a short submission that by virtue of the extension granted on the post of Shiksha Mitra by order dated 23.5.2006 for a period of eleven months, the petitioner acquired the status of a Panchayat Shikshak by operation of law on 1.7.2006 under Rule 20 of the Bihar Primary Teachers (Appointment and Service Conditions) Rules, 2006. Under Rule 18 thereof, the Block Development Officer is the statutory authority to deal with the all issues relating to appointment, transfer and other service conditions. The order passed by the Block Extension Education Officer is therefore without authority and jurisdiction. 2 Learned Counsel for the State from Annexure-1 points out that the impugned order has been issued in pursuance of certain general directions issued by the State Government. To this Court, the issue is not with regard to any general direction of the State Government, but with regard to issuance of an order by the authority not competent to do so under the statutory rules. The impugned order dated 31.3.2008 as communicated by memo dated 7.4.2008 is therefore not sustainable as being without jurisdiction. It is accordingly set aside. Petitioner shall be entitled to consequential benefits. The writ application stands allowed. A.kumar (Navin Sinha, J.)