IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6897 of 2009 SUBHASH KUMAR, SON OF SRI CHANDRADEO PASWAN, RESIDENT OF VILLAGE-JALPAR, P.O. + P.S.+BLOCK- PAKRIWARAMA, DISTRICT-NAWADAH; AT PRESENT-WORKING AS PANCHAYAT TEACHER IN PRIMARY SCHOOL, GANGTI, BLOCK-PAKRIWARMA, DISTRICT-NAWADAH Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, NAWADAH. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADAH, DISTRICT-NAWADAH. 5. THE BLOCK DEVELOPMENT OFFICER, PAKRIWARMA, DISTRICT- NAWADAH. 6. THE BLOCK EDUCATION EXTENSION OFFICER, PAKRIWARMA, DISTRICT- NAWADAH. 7. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, UKAURA ANCHAL-PAKRIWARMA, DISTRICT-NAWADAH ----------- 3. 09.03.2010 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner has filed this application for a direction to the respondents, specially District Superintendent of Education, Nawada to make payment of salary which has been stopped since March, 2007 till now. Petitioner was initially appointed as Panchayat Shikcha Mitra on the basis of his qualification of Matriculation. This appointment was as per 2002 guidelines of the State Government relating to appointment of Panchayat Shikcha Mitra. In the year, 2004, modified guideline for appointment of Panchayat Shikcha Mitra came into effect whereby the requisite qualification for being appointed as Panchayat Shikcha Mitra - 2 - was enhanced to intermediate. Petitioner, subsequently, acquired the qualification of intermediate but not within 33 months of his initial appointment. It seems that this was the reason for non-payment of petitioner’s salary since March, 2007. While the present writ application was subjudice, the District Superintendent of Education, Nawada issued an order contained in Memo No. 3067 dated 10.10.2009, terminating the petitioner from his service in the light of the departmental letter No. 2517 dated 04.07.2008, the department had issued this letter directing that persons who were initially appointed as Panchayat Shikcha Mitra on the basis of Matriculation and terminated on account of not having requisite qualification, such persons should be reinstated, in case they have enhanced their qualification within 33 months of their initial appointment. The termination order issued by District Superintendent of Education, Nawada was challenged by the petitioner by filing C.W.J.C. No. 16700 of 2009 which was decided by order dated 22.01.2010 and the termination order has been quashed. Counter affidavit has been filed on behalf of the state giving reference of order dated 10/10/2009 contained in Memo No. 3036 issued by District Superintendent of Education, Nawada whereby petitioner was terminated from his service. The plea has been taken that on account of termination; - 3 - petitioner is not entitled for arrears of salary. I find that termination order, being quashed and the petitioner continuously discharging his duty even after March, 2007 till date, is entitled for arrears of salary as well as current salary. The respondents No. 4 & 7 are directed to make payment of arrears of salary since March, 2007 till date to the petitioner. They are further directed to make payment of month- to-month current salary to the petitioner without any interruption on account of petitioner’s continuation in the service. Arrears of salary must be paid to the petitioner within four weeks. This writ application is accordingly allowed. Akv/ (Mridula Mishra, J.)