IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.383 of 2010 SUBHASH CHANDRA BOSH S/O SRI RAJO PRASAD R/O VILL.- SUGANI, P.S.- MAHSARANI, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA 4. THE D.S.E., PATNA 5. THE BLOCK EXTENTION EDUCATION OFFICER PUNPUN, PATNA 6. THE MUKHIYA GRAM PANCHAYAT REWA MASAURHI ----------- 2/ 10.05.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for a direction to the respondent authorities to allow him to work on the post of Panchayat Teacher in Primary School Kharjama Gram Panchayat Rewa Masaurhi and making payment of arrears of salary which is due since March, 2006 till date. The facts of the case reveals that petitioner was initially appointed as Panchayat Shiksha Mitra in the year 2003 but, subsequently removed from his post for the reason that he is intermediate, having less than 45% marks. Thereafter, respondents, Mukhiya and Panchayat Secretary, without seeking any permission from any of the authorities, appointed one Ganesh Kumar in place of the petitioner. Petitioner’s case is that he was removed from his post even without issuing any termination order, on a non-existing ground of having less than 45% marks in the intermediate. In the year 2008 itself, the department of Human Resources - 2 - Development has recalled this condition, relating to 45% marks in the intermediate, for the purpose of appointment on the post of Panchayat Teacher. Without considering the merit of the case, this application is being disposed of, giving liberty to the petitioner for filing his appeal before the District Teachers Employment Appellate Tribunal, within one month from today. In case, such an appeal is preferred within this stipulated time, the Tribunal will consider and decide the appeal on merit within the statutory period. Sanjeet/ (Mridula Mishra, J.)