IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1231 of 2010 PRATIBHA KUMARI, W/O SRI BRAJESH KUJAR ANAND, R/O- VILLAGE- HALIMPUR, P.S.- AURAI, DISTRICT- MUZAFFARPUR. ………….Petitioner Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, PRIMARY EDUCATION, GOVT. OF BIHAR, NEW SECRETARIATE, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, MUZAFFARPUR 5. THE DISTRICT SUPRINTENDENT OF EDUCATION, MUZAFFARPUR 6. THE BLOCK DEVELOPMENT OFFICER, AURAI, MUZAFFARPUR 7. THE BLOCK EDUCATION EXTENTION OFFICER, AURAI, MUZAFFARPUR 8. THE MUKHIYA GRAM PANCHAYAT RAJ, AURAI, DISTRICT- MUZAFFARPUR 9. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT, AURAI, DISTRICT- MUZAFFARPUR 10. THE HEAD MASTER, PRIMARY SCHOOL, AURAI, DISTRICT- MUZAFFARPUR ………Respondents ----------- 2. 07.07.2011 Heard Mr. VIdya Prasad, learned counsel for the appellant, and Mr. Harun Quareshi, learned Assistant Counsel to S.C.18 for respondent nos. 1, 2, 7 and 10. This appeal under clause 10 of the Letters Patent of the High Court of Judicature at Patna has been preferred by the petitioner of C.W.J.C. No. 186 of 2010, whereby the writ petition has been dismissed, and the learned Single Judge has rejected the writ petitioner’s prayer to resume her duties as Shiksha Mitra. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It appears that the appellant was selected as a Shiksha Mitra in the year 2003, she was required to proceed for teachers training, but was exempted on the ground of her pregnancy. After expiry of the period of maternity leave, she claimed to have reported for her duties in 2004, but was not allowed to join. Her further case is that her subsequent attempt to resume duty was again declined. Subsequently, the post of Shiksha Mitra was converted into that of Panchayat Teacher on permanent basis with which the contractual nature of engagement of Shiksha Mitra came to an end. It appears to us that the writ petition is hit by delay. When she was allegedly not allowed to join in 2004, instead of approaching the appropriate forum, she straight away moved this court by preferring the present writ petition which was lodged in this court on 5.1.2010. The delay is giving rise to parallel rights have been allowed to be created in the meanwhile, and allowed to be firmly enshrined by lapse of time, acquience, and negligence. The acquience and negligence is entire attributable to the petitioner. Secondly, as has been rightly observed by the learned Single Judge, the engagement of Shiksha Mitra was been contractual in nature which have been converted to Panchayat Teacher on permanent basis. We, therefore, agree with the order of the Learned Single Judge. The appeal dismissed. Fahad ( S.K. Katriar, J. ) ( Vikash Jain, J. )