IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9277 of 2009 RENU MISHRA, W/O LATE JITENDRA PATHAK, RESIDENT OF VILLAGE+POST-MAJAWARI, P.S. –SEMARI, DISTRICT- BUXAR ……….. ……………… …….. ……PETITIONER. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Buxar. 3. The District Superintendent of Education, Buxar. 4. The Area Education Officer, Buxar. 5. The Headmaster, Govt. Basic School, Majhawari, P.O. Majhawari, P.S. Semari, District- Buxar …………….. ……………….. Respondents. ----------- 2. 17.08.2009 Heard learned counsel for the petitioner and the counsel appearing for the state. Petitioner was appointed on the post of Panchayat Shikcha Mitra on 20.05.2005 by letter issued by Mukhiya, Gram Panchayat Raj, Majhwari contained in Letter No. 61 dated 20.05.2005. At the time of her appointment, she was intermediate with 44.5 per cent of marks. She was relieved for training but was not allowed to complete her training for the reason that she was appointed having less than 45 per cent of marks. Her grievance is that she is not being allowed to discharge her duties and salary is also not being paid to her. The reason for not allowing her to discharge duty and for not making payment of salary is that she was appointed on the post of Panchayat Shikcha Mitra having less than 45 per cent of marks. According to the Human Resources Development Department’s Circular of 2004, for being appointed as 2 Panchayat Shikcha Mitra, the qualification was enhanced to intermediate with 45 per cent of marks. The Government’s resolution relating to termination of such Panchayat Shikcha Mitras who were appointed as Matriculate or with intermediate qualification having less than 45 per cent of marks was challenged before this High Court by filing writ application. Finally, the order was passed in L.P.A. No. 940/07 deciding that these persons, who were appointed with less than 45 per cent of marks or completed their intermediate course within 33 months from the date of their initial appointment, would not be terminated and if terminated, will be reinstated in service. In the light of order passed by L.P.A. Bench, the Human Resources Development Department, Bihar, Patna came out with a Resolution contained in Memo No. 2517 dated 04.07.2008 whereby Panchayat Shikcha Mitras appointed with less than 45 per cent of marks were allowed to continue and in case of termination, they were directed to be reinstated. Petitioner’s case is clearly covered by resolution of the State Government contained in Memo No. 2517 dated 04.07.2008. He is intermediate with 44.5 per cent of marks. In such view of the matter, her case is completely within the Government’s own decision for retaining services of such Panchayat Shikcha Mitras and in case of termination, reinstating them with all consequential benefits which was fully absorption on the post of teachers. 3 The Area Education Officer, Buxar, District Education Officer, Buxar as well as Headmaster , Basic School, Majhjwari are directed to allow the petitioner to discharge her duty on the post of Panchayat teacher as on account of her continuation on the post of Panchayat Shikcha Mitra , it will be deemed that she was absorbed on the post of Panchayat teacher as provided under rule 18 of Bihar Panchayat Teacher (Appointment and Service Condition) Rule, 2006. Her arrears of salary from the date of appointment till date and month to month current salary should be paid with all consequential benefits. This writ application is accordingly, allowed. akv/ ( Mridula Mishra, J )