IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13706 of 2009 1. SUNITA KUMARI W/O SHATRUGHNA DAS VILL- JHAPANI, P.S. MEDINICHAUKI, DISTT. LAKHISARAI----------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION HUMAN RESOURCE DEVELOPMENT 3. THE DISTRICT MAGISTRATE LAKHISARAI, CHAIRMAN SARVA SHIKSHA ABHIYAN, LAKHISARAI 4. THE DEPUTY DEVELOPMENT COMMISSIONER LAKHISARAI, CUM- VICE CHAIRMAN SARVA SHIKSHA ABHIYAN, LAKHISARAI 5. THE DISTRICT SUPERINTENDENT OF EDUCATION LAKHISARAI, CUM- DISTRICT PROGRAMME CO-ORDINATOR, SARVA SHIKSHA ABHIYA, LAKHISARAI BLOCK EDUCATION OFFICER, SURAJGARHA, DISTT. LAKHISARAI 6. THE BLOCK EDUCATION EXTENSION OFFICER SURAJGARHA, DISTT. LAKHISARAI 7. MUKHIYA KHAWA RAJPUR GRAM PANCHAYAT AT SURAJGARHA, DISTT. LAKHISARAI 8. PANCHAYAT SECRETARY, KHAWA RAJPUR GRAM PANCHAYAT SURAJGARHA BLOCK, DISTT. LAKHISARAI 9. HEAD MISTRESS, KANYA PRATHMIK VIDYALAYA MAKSUDPUR, P.O. KIRANPUR, SURAJGARHA, DISTT. BEGUSARAI 10. ARBIND KUMAR S/O LATE RAMJI MAHTO VILL- KHAWA, P.S. MEDINI CHAUKI, SURAJGARHA, DISTT. LAKHISARAI--RESPONDENTS with CWJC No.13868 of 2009 1. BHUPESH KUMAR S/O VAKIL PRASAD MAHTO VILL.- JHAPANI, P.S.- MEDINI CHAUKI, DISTT.- LAKHISARAI---PETIIONER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT 3. THE DISTRICT MAGISTRATE LAKHISARAI, CHAIRMAN SARVA SHIKSHA ABHIYAN LAKHISARAI 4. THE DEPUTY DEVELOPMENT COMMISSIONER, LAKHISARAI - CUM - VICE CHAIRMAN SARVA SIKSHA ABHIYAN, LAKHISARAI 5. THE DISTRICT SUPERINTENDENT OF EDUCATION LAKHISARAI, CUM- DISTRICT PROGRAMME COORDINATOR SERVA SIKSHA ABHIYAN, LAKHISARAI BLOCK EDUCATION EXTENTION OFFICER SURAJGARHA, DISTT.- LAKHISARAI 6. THE BLOCK EDUCATION EXTENSION OFFICER SURAJGARHA, DISTT.- LAKHISARAI 7. MUKHIYA KHAWA RAJPUR GRAM PANCHAYAT AT SURAJGARHA DISTT.- LAKHISARAI 8. PANCHAYAT SECRETARY KHAWA RAJPUR GRAM PANCHAYAT, SURAJGARHA BLOCK, DISTT.- LAKHISARAI 9. HEAD MISTRESS KANYA PRATHMIK VIDYALAYA, MAKSUDPUR, P.O.- KIRANPUR, SURAJGARHA, DISTT.- BEGUSARAI 10. ARBIND KUMAR S/O LATE RAMJI MAHTO VILL.- KHAWA, P.S.- MEDINI CHAUKI, SURAJGARHA, DISTT.- LAKHISARAI--RESPONDENTS ----------- 5 17.3.2011 Heard learned counsel for the parties. Both the matters can be disposed of on a very - 2 - limited issue after quashing the impugned order passed by the District Teachers Employment Appellate Authority, Lakhisarai on the ground that the appellate authority has erred in recording that the appellate authority has not been empowered to adjudicate matters with regard to appointment made prior to 2006 specially in the light of the stand taken by the State that a clear and categorical communication has been made to one or all that all appointments made in the Panchayat either as Shiksha Mitra or Panchayat teachers can be looked into by duly constituted appellate authority. Obviously the appellate authority of Lakhisarai is not aware of the development in this regard and therefore the order dated 21.4.2009 came to be passed on the ground that the appellate authority has no power to exercise in such matters. Both the writ applications are allowed and the matters are remanded back to the appellate authority with a direction that the appellate authority will now hear all the parties to the dispute and pass a final order on the merit of the matters within a reasonable time frame. RPS (Ajay Kumar Tripathi,J.)