IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3861 of 2010 1. INDU KUMARI W/O UMESH PRASAD R/O VILL LATTA,P.S.RAFIGANJ,DISTT-AURANGABAD Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,PANCHAYATI RAJ DEPARTMENT GOVERNMENT OF BIHAR,PATNA 2. THE DIRECTOR PANCHAYATI RAJ DEPARTMENT GOVERNMENT OF BIHAR,PATNA 3. THE DISTRICT MAGISTRATE AURANGABAD,DISTT- AURANGABAD 4. THE DISTRICT PANCHAYATI RAJ OFFICER AURANGABAD,DISTT-AURANGABAD 5. THE SUB-DIVISIONAL OFFICER AURANGABAD,DISTT- AURANGABAD 6. THE BLOCK DEVELOPMENT OFFICER RAFIGANJ,DISTT- AURANGABAD 7. THE SARPANCH ,GRAM KACHHARI LATTA,BLOCK,RAFIGANJ,DISTT-AURANGABAD 8. SMT. SEELA DEVI W/O INDRADEO PRASAD R/O VILL ACHKUKI,P.S.PATHU,DISTT-AURANGABAD ----------- 2. 20.9.2010 Heard learned counsel for the petitioner and the State. The issue raised in this application is with regard to an appointment on the post of Secretary, Gram Kachahari on 1.11.2007/30.11.2007 holding qualification of Matriculation and the subsequent legislative amendment made with retrospective effect from 31.1.2008 making Madhyama an equivalent qualification for appointment by amendment of the appointment rules. The petitioner has been terminated by an order dated 30.6.2009 on the ground that after the 2 amendment, Madhyama was also eligible to be considered for appointment and the persons holding Madhyama was above the petitioner in the panel. The legislative amendment notified on 5.1.2009 itself protect appointments made prior to 31.1.2008. The petitioner falls in that category. The issue of further retrospective effect to a legislative amendment by an Executive instruction not being permissible in law has already been discussed by this Court in more than one order. Reference may be made to C.W.J.C. Nos. 1316 of 2010 and 1719 of 2010. Since the matter is being disposed off without a counter affidavit, it is remanded to the Director, Panchayati Raj for passing appropriate orders in accordance with law after hearing all concerned including respondent no. 7 within a maximum period of four weeks from the date of receipt and/or presentation of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)