IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11821 of 2009 SEEMA KUMARI, WIFE OF SRI JITENDRA SINGH, RESIDENT OF VILLAGE-RAILLY, P.O. RAILLY, DISTRICT-PATNA, AT PRESENT- TEACHER, MIDDLE SCHOOL, RAILLY, BLOCK-PANDARAK, DISTRICT-PATNA …….. PETITIONER. -Versus- 1. THE STATE OF BIHAR , through the Principal Secretary, Human Resources Development Department, Govt of Bihar, Patna 2. The Director, Primary Education, Govt. of Bihar, Patna. 3. The Director Panchayati Raj, Bihar, Patna. 4. The District Superintendent of Education, Patna. 5. The Deputy Development Commissioner, Patna. 6. The Area Education Officer, Mokama, Patna. 7. The Block Development Officer, Pandarak, Patna. 8. The Block Education Extension Officer, Pandarak, Patna. 9. The Head Mistress, Middle School, Railly, Pandarak, Patna. 10. The Mukhiya, Gram Panchayat, Railly, Pandarak, Patna. 11. The Panchayat Secretary, Railly, Pandarak, Patna. …………. Respondents. ----------- 2. 11.11.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner’s prayer is to direct the District Superintendent of Education, Patna and other respondents to make payment of her salary, stopped since April, 2006. Petitioner was initially appointed in the year, 2003 as Panchayat Shikcha Mitra. Her case is that at the time her initial appointment. She was graduate, though at that time, qualification required from appointment on the post of Panchayat Shikcha Mitra was only Matric. Subsequently, the qualification was enhanced to Intermediate. She was given extension on the 2nd and third 2 occasion, and, finally, in the year, 2006, after coming into force of Bihar Panchayat Teachers’ (Employment & Service Conditions) Rules, 2006, she was absorbed on the post of Panchayat teacher. Despite the fact that she had higher qualification than intermediate, on a non-existent ground, payment of her salary has been stopped by the Mukhiya and Panchayat Secretary since April, 2006. In support of the statement, the petitioner has annexed the letter of her re-engagement as Panchayat Shikcha Mitra issued by the Mukhiya and Panchayat Secretary in the year, 2004 as Annexure- 6. This letter indicates that on 23.03.2003, at the time of her initial appointment itself, her all educational certificates were examined. Certificates which were examined by the Mukhiya and Panchayat Secretary were of Matriculation, intermediate and graduate. Despite this fact, the Mukhiya, subsequently in the year, 2008, issued a letter that since the petitioner has not produced her certificates of Intermediate and justified that she has 45 per cent marks in Intermediate, as such, she cannot be paid salary and her appointment should be terminated. Petitioner represented her case before all authorities but till date, nothing has been done. This writ application is being disposed of directing the Block Education Extension Officer, Pandarak, Patna and the Mukhiya, Gram Panchayat, Railly, Pandarak, Patna as well as Panchayat Secretary of the concerned Gram Panchayat to make payment of arrears of salary to the petitioner right from April, 2006 till date within two weeks from the date of production/receipt of this 3 order. Her current salary should also be paid to her without any delay. Counsel for the petitioner submits that the petitioner is working on the post. She will continue on the post. AKV/ (Mridula Mishra, J.)