IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15711 of 2009 1. RAM SUJAN PASWAN S/O KALLAR PASWAN R/O VILL- BUCHAULI, P.S-BHAGWANPUR, DISTT- BEGUSARAI, PANCHAYAT, PRAKHAND TEACHER (TERMINATED ) IN UPGRADED MIDDLE SCHOL JAGDISHPUR IN NARHARIPUR PANCHAYAT OF BHAGWANPUR BLOCK DISTT- BEGUSARAI Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 3. DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 4. DISTRICT SUPERINTENDENT OF EDUCATION, BEGUSARAI null 5. PRAKHAND VIKASH PADADHIKARI BHAGWANPUR BLOCK DISTRICT-BEGUSARAI 6. PRAKHAND SHIKSHA PRASAR PADADHIKARI, BHAGWANPUR, BEGUSARAI 7. MUKHIYA GRAM PANCHAYAT RAJ NARHARIPUR IN BHAGWANPUR BLOCK DISTRICT BEGUSARAI 8. PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, NARHARIPUR, BHAGWANPUR, DISTT- BEGUSARAI 9. HEAD MASTER UPGRADED MIDDLE SCHOOL JAGDISHPUR IN BLOCK BHAGWANPUR, DISTT- BEGUSARAI ----------- 3 17..3.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s grievance is that he is illegally being restrained by the respondents from discharging his duty of Panchayat Teacher/ Prakhand teacher in Upgraded Middle School, Jagdishpur in Bhagwanpur Block of Begusarai. Payment of salary has been stopped since January, 2008, though till date no termination order has been issued. 2 Petitioner was initially appointed on the post of Panchayat Shiksha Mitra on the basis of vacancy advertised in the year 2003. He was selected for the post considering his matriculation degree and agreement for appointment was signed on 12.2.2004. Subsequently, he was given extension and finally after coming into force of Bihar Primary Panchayat Teachers (Appointment and Service Condition) Rules, 2006, he was absorbed on the post of Panchayat Teacher/Prakhand Teacher as provided under Rule 20(iii) of 2006 Rules. Petitioner, though having matriculation degree, was absorbed in terms of provisions underRule 4 (3) of 2006 Rules. Rule 4(3) of 2006 Rules, provides in case of non availability of Siksha Mitra having Intermediate qualification in the reserved category, Shiksha Mitra having matriculation qualification will be absorbed but within six years the specified time they will have to 3 enhance their qualification. Petitioner belonged to Scheduled Caste category, as such in his case for enhancement of qualification under the Rules, six years’ time was provided. Counsel for the petitioner submits that though no termination letter has been issued in his favour but as per the information gathered, for two reasons, the respondents are restraining him from discharging his duty. Non enhancement of qualification, within three years of petitioner’s as Panchayat Teacher/Prakhand Teacher, is the first reason. The second reason is that he enhanced his qualification by acquiring Prak Shastri degree which is equivalent to Up-Shastri Intermediate degree. The issue relating to equivalence of Prak Shastri degree/Up-shastri degree to Intermediate degree and its’ validity for appointment on the post of Panchayat/Prakhand Teacher has already 4 been decided and settled by this Court in CWJC No. 2456 of 2008 (Ribha Rani vs. State of Bihar and others), as such this could not have been a reason for restraining the petitioner from discharging his duty. Another reason, relating to enhancement of qualification by acquiring Intermediate equivalent degree, beyond the period of three years from the date of initial appointment, is also non sustainable, in view of Rule 4(3) of 2006 Rules, which provides six years period for enhancement of qualification to a reserved category candidate Respondents, on both these counts, could not have restrained the petitioner from discharging his duty and receiving salary for the post of Panchayat Teacher/Prakhand teacher. The respondents are directed to allow the petitioner to discharge his duty as Panchayat Teacher/Prakhand Teacher in 5 Upgraded Middle School, Jagdishpur in Bhagwanpur Block of Begusarai district. The period for which the petitioner has not been allowed to discharge his duty will be considered as continuous service and for all these periods petitioner will be entitled for salary and other consequential benefits. The respondents will act upon as per the direction of this Court forthwith on production/communication of this order. The writ application stands allowed. (Mridula Mishra,J.) A.kumar