IN THE HIGH COUR T OF JUDICATURE AT PATNA CWJC No.15612 of 2006 SHANTI DEVI, W/O SHARDA KUMAR RAM R/O VILLAGE BHAGWANPUR, P.S PHULWARIA, DISTRICT GOPALGANJ. …………………..PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEPARTMENT, BIHAR, PATNA. 2.THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 3.THE COLLECTOR, GOPALGANJ. 4.THE DISTRICT SUPERINTENDENT OF EDUCATION, GOPALGANJ. 5.THE BLOCK EDUCATION EXTENTION OFFICER, PHULWARIA, GOPALGANJ. 6.ALI AKHBAR ANSARI, THE THEN MUKHIYA, GRAM PANCHAYAT, RAJ GIDHA, BLOCK PHULWARIA, GOPALGANJ. 7.THE MUKHIYA, GRAM PANCHAYAT, RAJ GIDHA, BLOCK PHULWARIA, GOPALGANJ. 8.THE PANCHAYAT SACHIVA, GRAM PANCHAYAT, RAJ GIDHA, BLOCK PHULWARIA, GOPALGANJ. 9.THE SENIOR HEADMASTER OF PANCHAYAT SUKH SUBIDHA SAMITTEE, POSTED AT UPGRADE MIDDLE SCHOO, BHAGWAN, BLOCK PHULWARIA, GOPALGANJ. 10.THE HEAD MASTER, RAJKIYA PRATHMIK SCHOOL, GIDHA, BLOCK, PHULWARIA, GOPALGANJ. ----------- 04/ 18.07.2011 This case relates to the engagement of the petitioner as a Shiksha Mitra and/or appointment on the post of Panchayat Shikshak. It has been claimed by the petitioner that had he been engaged and continued in service as a Shiksha Mitra he could have got the benefit of absorption on the post of Panchayat Shikshak in terms of Rule 20(iii) of 2006 Rules. The aforesaid 2006 Rule however itself provides a statutory alternative remedy in Rule- 2 18 thereof, wherein, an independent body namely the District Teachers Appellate Authority has been constituted to look into any of the grievances relating to employment on the post of Panchayat Shikshak which in its wide sweep would also include the absorption of Shiksha Mitra on the post of Panchayat Shikshak. However, there was some sort of confusion as with regard to entertaining the dispute relating to engagement/continuation on the post of Shiksha Mitra ,in view of the provisions made in Rule-18 but then the State Government has also clarified the same by its circular dated 14.05.2009, that even the dispute relating to the post of Shiksha Mitra could be adjudicated by the District Teachers Appellate Authority. The tribunal in form of the District Teachers Appellate Authority has therefore to find out the facts in the light of the relevant records and therefore, this writ applications is disposed of with a liberty to the petitioner to approach the concerned District Teachers Appellate Authority within a period of six weeks from today and if such an application by way complaint is filed before the concerned 3 Authority, it will proceed to examine the claim of the petitioner on merit and would not non suit the petitioner on the ground of limitation. It is however made clear, that in case, the petitioner would also assail the engagement/continuation of any other persons on the post of Shiksha Mitra who have been later on absorbed as Panchayat Shikshak, not only the Authority will have to issue notice to such person but also must afford them opportunity of hearing before passing the final order on such complaint/representation filed by the petitioner. The Authority keeping in view that the dispute has lingered from 2007 and that the Authority was constituted in the year 2008, during the pendency of this writ application it must ensure that a final decision in accordance with law is taken on the complaint filed by the petitioner within a period of six months of filing. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)