IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No. 36 of 2010 LAXMI MANDAL S/O LATE RAM SUNDAR MANDAL R/O VILL.- DULLIPATTI, P.S. JAINAGAR, DISTT.- MADHUBANI, AT PRESENT MUKHIA, GRAM PANCHAYAT RAJ DULLIPATTI, BLOCK JAINAGAR DISTT.- MADHUBANI …………….. PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, MADHUBANI, DISTT.- MADHUBANI 4. THE DIRECTOR PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION CUM DISTRICT PROGRAMME CO-ORDINATE BIHAR EDUCATION PROJECT, MADHUBANI, DISTT.- MADHUBANI 6. THE BLOCK DEVELOPMENT OFFICER JAINAGAR, DISTT.- MADHUBANI 7. THE HEAD MASTER NOW PRIMARY SCHOOL MUSLIM TOLA P.S. JAINAGAR, DISTT.- MADHUBANI 8. THE PANCHAYAT SECRETARY, DULLIPATTI GRAM PANCHAYAT P.S. JAINAGAR DISTT.- MADHUBANI 9. SRI AJAY KUMAR S/O SRI RAM NARAYAN MAHTO R/O MOHALLA- SHAHID CHOWK, P.S. AND P.O. JAINAGAR, DISTT.- MADHUBANI ………….RESPONDENT – OPPOSITE PARTIES WITH MJC NO.698 OF 2010 AJAY KUMAR S/O SRI RAM NARAYAN MAHTO R/O MOH- SAHID CHOWK, WARD NO. 14, P.S- JAI NAGAR, DISTT- MADHUBANI ……………. PETITIONER VERSUS 1. SRI LAXMI MANDAL MUKHIYA DULLIPATTI GRAM PANCHAYAT, PO & P.S- JAI NAGAR, DISTT- MADHUBANI 2. SRI BISHWANATH THAKUR, PANCHAYAT SECRETARY, DULLIPATTI, GRAM PANCHAYAT, PO & P.S- JAI NAGAR, DISTT- MADHUBANI 3. SRI KALENDRA SINGH THE THEN PANCHAYAT SECRETARY, DULLIPATTI, GRAM PANCHAYAT, PO & P.S- JAI NAGAR, DISTT- MADHUBANI 4. MRS. KIRAN KUMARI THE PRINCIPAL, NEW PRIMARY SCHOOL, MUSLIM TOLS, P.S & BLOCK- JAI NAGAR, DISTT- MADHUBANI 5. MRS. VEENA PRASAD, THE BLOCK DEVELOPMENT OFFICER, JAI NAGAR, DISTT- MADHUBANI 6. SRI MANOJ KUMAR THE DISTRICT SUPERINTENDENT OF EDUCATION-CUM-DISTRICT PROGRAMME CO-ORDINATOR, BIHAR EDUCATION PROJECT, MADHUBANI 7. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, MADHUBANI ………………… OPPOSITE PARTIES 2 ----------- In Civil Review No. 36/2010 For the petitioner: Mr. Vishwanath Prasad Singh, Sr. Adv. Mr. Nand Kishore Singh, Adv. Mr. Sanjay Kumar Singh, Adv. For the Opposite Parties: Mr. Subhash Kishore Verma, Adv. Mr. Jainendra Kumar Pushkar, Adv. Mr. Shiv Shankar Prasad, Adv. For the State: Mr. M. Nasrul Hoda Khan, SC-18 In MJC No. 698 of 2010 For the Petitioner: Mr. Subhash Kishore Verma, Adv. Mr. Jainendra Kumar Pushkkar, Adv. Mr. Shiv Shankar Prsada For the Opposite Parties: Mr. Vishwanath Pd. Singh, Sr. Adv. Mr. Nand Kishroe Singh, Adv. Mr. Sanjay Kumar Singh, Adv. For the State: Mr. M. Nasrul Hoda Khan, SC-18 ***** 07. 10.08.2011 Heard learned counsel, representing writ petitioner in M.J.C. No. 698 of 2010; and the counsel, representing the review petitioner in Civil Review No. 36 of 2010. The contempt application has been filed by the by the writ petitioner of C.W.J.C. No. 12088 of 2009 for initiating a proceeding of contempt against the Opposite Parties-Contemnors for showing disobedience to the Order passed in the Writ Application. The Writ Application had been allowed directing the Mukhiya and Panchayat Secretary of Dullipatti, Gram Panchayat to make payment of entire arrears of salary to the petitioner since 30.11.2007 till date. The Order had been passed on 20.11.2009 without issuing any notice to the 3 Mukhiya, Panchayat Secretary and Principal of New Primary School, Muslim Tola, P.S. & Block-Jai Nagar, District-Madhubani. Review Application has been filed by the Mukhiya of Dullipatti Gram Panchayat on the ground that since the Order has been passed in the Writ Application without any notice to him, the writ petitioner has obtained Order in his favour suppressing many relevant facts. In the Review Application, it has been mentioned that the writ petitioner has worked on the post of Panchayat Teacher for the period 30.11.2007 to 03.07.2009. Subsequent to that one Sanjay Paswan, who had earlier been appointed as Panchayat Teacher in the reserved SC category, rejoined the post on 04.07.2009 in the light of order passed by the District Superintendent of Education, Madhubani. Sanjay Paswan is being paid salary since the date of his joining, i.e., 04.07.2009. So far petitioner is concerned, he has been paid his salary for the period he has worked. Facts, revealed in the Review Application indicates that initially in the reserved SC category, one Sanjay Paswan and Anil were appointed. Some complaints were made before the District Magistrate, Madhubani by candidates, who were not selected regarding irregularity committed by 4 the Mukhiya and other members of the Selection Committee in the appointment of Teachers. The District Magistrate, Madhubani directed the Block Development Officer, Jai Nagar for conducting an enquiry. The enquiry report revealed that persons with higher percentage of marks were ignored and candidates, in whom the Mukhiya was interested, were selected for appointment. The Block Development Officer, Jai Nagar, who was a competent authority under section 18 of 2006 Rules, passed an order for cancelling the appointment made in SC category. Direction was for holding re-counseling and then issue appointment letter. It is not clear whether fresh selection process was initiated. But in the light of the order passed by the Block Development Officer, appointment of Sanjay Paswan and another candidate was cancelled. Petitioner, Ajay Kumar, who also belongs to same reserved SC category, was appointed. He gave his joining on 03.11.2007, continued to work till 03.07.2009. In the meantime, Sanjay Paswan challenged the order, cancelling his appointment before the District Teachers Employment Appellate Tribunal, Madhubani, in which the Appellate Tribunal issued notice to Mukhiya. Writ petitioner, Ajay Kumar, who was working as Teacher, at the relevant time was neither 5 impleaded as party nor noticed by the Appellate Tribunal. In absence of the writ petitioner, the impugned order, canceling appointment of Sanjay Paswan was quashed and a direction was issued for his reinstatement. In the light of the order, passed by the Appellate Authority, no order was issued for canceling appointment of the petitioner, but he was restrained from signing attendance register. Sanjay Paswan was allowed to join. Petitioner was not being paid his salary, despite specific direction issued by this Court, as such he filed M.J.C. No. 698 of 2010, during the pendency of the Contempt Application, petitioner has been paid his salary for the period he has worked, but for the period subsequent to 04.07.2009, he has not been paid his salary, on this pretext that in the light of the Appellate Order, Sanjay Paswan has joined on the post and petitioner’s appointment was deemed to have been cancelled. The writ petitioner, who has been impleaded as Respondent No. 9 in the Review Application, has filed Counter Affidavit, stating that till date his appointment has not been cancelled by issuing any order and so far the Appellate Order is concerned, that has been passed 6 behind his back without impelading him as a party, though he was a necessary party for deciding the issue. I find that the direction of this Court, regarding payment of salary to the writ petitioner has substantially been complied by the Opposite Parties, making payment of salary to the petitioner for the period he has worked. So far the period subsequent to 04.07.2009 is concerned, that is a disputed period, in the light of the order passed by the District Teachers Employment Appellate Tribunal, Madhubani, which is a competent authority for deciding such issue. The petitioner will have to challenge this order even for getting this finding that Appellate Authority has passed order in violation of Rules of Natural Justice as petitioner was never impleaded as party. Since the order passed in Appeal is an order passed by a competent authority, unless it is challenged and set aside, it will hold its field. Considering all these facts, the contempt application as well as the review application, both are disposed of. Writ petitioner has option for challenging the appellate order, if he wants to claim salary for the subsequent period. SKM (Mridula Mishra, J.)