IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2057 of 2011 Kausar Iqbal, son of Md. Mobin, resident of Village +P.O. Nagra, P.S. Khaira, District- Saran ---------- Petitioner. Versus 1. The State of Bihar through the Chief Secretary Govt. of Bihar, Patna. 2. The Secretary-cum-Commissioner Human Resources Development Department Govt. of Bihar, Patna. 3. The District Magistrate, Saran at Chapra. 4. The District Superintendent of Education, Saran at Chapra. 5. The Block Development Officer, Nagra, P.S. Khaira, District- Saran. 6. The Block Educational and Extentation Officer, Nagra, P.S. Khaira, District- Saran. 7. The District Teacher Appointment Appellate Tribunal, Saran at Chapra through its Member. 8. The Mukhiya Gram Panchayat Raj Dumri, Block Nagra P.S. Khaira, District- Saran. 9. The Panchayat, Secretary Gram Panchayat Raj, Dumri, Block Nagra, P.S. Khaira, District- Saran. 10. Raju Kumar Mahto, son of Sri Thakur Mahto, resident of Village- Dumari, P.O. Kanar Hariharpur, Block Nagra, P.S. Khaira, District- Saran ---------- Respondents. ---------------- 2. 3.2.2011 Heard Mr. Md. Anis Akhtar for the petitioner, and Mr. Mohan Kumar, learned Assistant Counsel to Government Pleader No.20. This writ petition is directed against the following orders: (i) order dated 4.11.2010 (Annexure-8), passed by the District Teachers Appointment Appellate Tribunal, Saran at Chapra, whereby appointment of the petitioner as a Panchayat teacher has been cancelled, and in his place 2 respondent no.10 has been directed to be reinstated with all consequential monetary benefits. (ii) The order dated 6.1.2011 (Annexure-9), issued by the office of Gram Panchayat Raj Dumri Nagra, Saran, whereby consequential order has been passed pursuance to memo no.271, dated 4.11.2010 (Annexure-8), whereby the services of the petitioner has been terminated with immediate effect. We have perused the materials on record and considered the submissions of learned counsel for the parties. The petitioner was appointed as a Panchayat Teacher in gram panchayat Raj Dumri, block-Nagra, p.s. Khaira, district-Saran, as Urdu teacher, by order dated 24.3.2007 (Annexure-4). Respondent no.10 herein filed Appeal No. 583 of 2009 (Raju Kumar Mahto Vrs. The Mukhiya Gram Panchayat Raj Dumri and Ors.), seeking cancellation of appointment of the petitioner herein on the ground that post of Urdu teacher was not available in the roaster. The appeal has been allowed by the impugned order dated 4.11.2010 (Annexure-8), passed by the learned Appellate Education Tribunal, Saran, followed by the consequential order dated 6.1.2011 (Annexure-9). It appears to us that the petitioner’s 3 appointment on the post of Urdu in substance was on a non- existent post. We do not find fault with the impugned order passed by the learned Tribunal, as well as the consequential order, and are fit to be upheld. In the result, we do not find any merit in the writ petition. It is accordingly dismissed. Vinay/ ( S. K. Katriar,J. )