IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3433 of 2010 1. MADAN MOHAN TIWARI S/O SRI RAJNATH TIWARY VILL.+P.O.- SUNDARPUR BARJA, DISTT.- BHOJPUR Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY PANCHAYATI RAJ DEPTT., BIHAR, PATNA 2. THE SECRETARY, RURAL DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR PANCHAYATI RAJ, GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, ARA, BHOJPUR 5. THE DISTRICT PANCHAYAT RAJ OFFICER, BHOJPUR, ARA 6. THE BLOCK DEVELOPMENT OFFICER, ARA SADAR, ARA, BHOJPUR 7. THE SARPANCH, GRAM KATCHERY, SUNDARPUR BARJA, DISTT.- BHOJPUR, ARA 8. AJAY KUMAR SINGH S/O LATE SIDHNATH SINGH VILL.- ISARI PIPRA, P.O. PIPRA, P.S. ARA MUFFASSIL, DISTT.- BHOJPUR ----------- 02. 14.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. The issues raised in this application are fully covered by more than one order of this Court. Reference may only be made to one in C.W.J.C. No. 1316 of 2010. The petitioner was appointed on 22.11.2007 on the post of Secretary, Gram Kutchery after advertisement and selection process based on his Matriculate qualification. On 5.1.2009 a notification has been issued by the State authorities, making retrospective legislative amendment to the Rules regulating appointment incorporating Madhyama as an eligible qualification from 31.1.2008. On that basis the petitioner has been 2 terminated by order dated 14.8.2009 for the reason that the Secretary, Department of Panchayati Raj has sought to give further retrospective effect to a legislative amendment by executive instructions making Madhyama as eligible qualification from even prior to 31.1.2008. Learned counsel for the State finds it difficult to support further retrospective effect to a legislative amendment by an executive instruction. Since the matter is being considered without a counter affidavit, the matter is referred to the Secretary, Department of Panchayati Raj to pass a reasoned and speaking order for the justification in law to give further retrospective effect to a legislative amendment by an executive instruction within a maximum period of ten days from the date of receipt/production of a copy of this order. The order of termination dated 14.8.2009 is set aside to abide by the fresh order to be passed by the Secretary, Panchayati Raj after hearing all concerned including the private respondent no.8. The application stands disposed. P.K. ( Navin Sinha, J.)