IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6042 of 2008 Harendra Prasad Thakur, Son of Bum Bihari Thakur, Resident of Village Bhadar, P.S. Sikraul, District Buxar…………………..……Petitioner Versus 1. The State Of Bihar. 2. The Secretary cum Commissioner, Human Resources Department, Government of Bihar, Patna. 3. District Magistrate, Buxar, District Buxar 4. District Superintendent of Education-cum- Coordinator, District Sarva Siksha Abhiyan, Buxar, District Buxar. 5. Block Development Officer, Nawanagar Block, District Buxar. 6. Sri Lalan Singh son of now known, Ex- Mukhiya, Bhadar Gram Panchayat, Resident of Village Bhadar, P.S. Sikraul, District Buxar. 7. Sri Vijay Bahadur Singh, Son of Late Shyam Bihari Singh, Mukhiya Gram Panchayat Bhadar, Circle Nawanagar, P.S. Sikraul, District Buxar 8. Panchayat Secretary, Gram Panchayat, Bhadar, Circle Nawanagar, District Buxar. 9. Head Master, Government Middle School, Bhadar, P.S. Sikraul, District Buxar……………………………………………….…………………..Respondents With CWJC No.6116 of 2008 Sunil Kumar Singh, son of Shri Ram Nath Singh, resident of village Bhadar, P.S. Sikrol, District Buxar…………………….……….Petitioner Versus 1. The State Of Bihar. 2. The Secretary-cum-Commissioner, Human Resources Development Department, Bihar, Patna. 3. The District Magistrate, Buxar. 4. The District Superintendent of Education- cum-Coordinator, Sarva Siksha Abhiyan, District Buxar. 5. The Block Development Officer, Nawanagar, District Buxar. 6. Lalan Singh son of not known, Ex-Mukhiya, Bhadar Gram Panchayat, Resident of Village Bhadar, P.S. Sikrol, District Buxar. 7. Vijay Bahadur Singh, Son of Late Shyam Bihari Singh, Mukhiya Gram Panchayat, Bhadar, Circle Nawanagar, P.S. Sikrol, District Buxar. 2 8. Panchayat Secretary, Bhadar Gram Panchayat, Circle Navanagar, District Buxar. 9. Head Master, Government Middle School, Bhadar, P.S. Sikrol, District Buxar…………………………………………………..……………..Respondents With CWJC No.6249 of 2008 Birendra Prasad, Son of Gori Shankar Prasad, resident of Bhadar, P.S. Sikrol, District Buxar…………………………………………………………….………….Petitioner Versus 1. The State Of Bihar. 2. The Secretary-cum-Commissioner, Human Resources Development Department, Bihar, Patna. 3. The District Magistrate, Buxar. 4. The District Superintendent of Education- cum-Coordinator, Sarva Siksha Abhiyan, District Buxar. 5. The Block Development Officer, Nawanagar, District Buxar. 6. Lalan Singh son of not known, Ex-Mukhiya, Bhadar Gram Panchayat, Resident of Village Bhadar, P.S. Sikrol, District Buxar. 7. Vijay Bahadur Singh, Son of Late Shyam Bihari Singh, Mukhiya Gram Panchayat, Bhadar, Circle Nawanagar, P.S. Sikrol, District Buxar. 8. Panchayat Secretary, Bhadar Gram Panchayat, Circle Nawanagar, District Buxar. 9. The Head Master, Government Middle School, Bhadar, P.S. Sikrol, District Buxar………………………………………………………………..…..Respondents With CWJC No.6247 of 2008 Manorama Kumari, W/o Sunil Kumar Singh, resident of Village Bhadar, P.S. Sikrol, District Buxar……………………………………………..Petitioners Versus 1. The State Of Bihar. 2. The Secretary-cum-Commissioner, Human Resources Development Department, Bihar, Patna. 3. The District Magistrate, Buxar. 4. The District Superintendent of Education- cum-Coordinator, Sarva Siksha Abhiyan, District Buxar. 5. The Block Development Officer, Nawanagar, District Buxar. 6. Lalan Singh son of not known, Ex-Mukhiya, Bhadar Gram Panchayat, Resident of Village Bhadar, P.S. Sikrol, District Buxar. 3 7. Vijay Bahadur Singh, Son of Late Shyam Bihari Singh, Mukhiya Gram Panchayat, Bhadar, Circle Nawanagar, P.S. Sikrol, District Buxar. 8. Panchayat Secretary, Bhadar Gram Panchayat, Circle Nawanagar, District Buxar. 9. The Head Master, Government Middle School, Bhadar, P.S. Sikrol, District Buxar…………………………………………………………………..Respondents ----------- For Petitioners: M/s Surendra Kumar Singh & Sudha Chandra, Advocates For the State: Mr. Yashwant Kumar Chaman, A.C. to S.C.25 3 25.07.2011 Heard learned counsel for the petitioners as well as learned counsel for the State. In these writ applications petitioners have challenged the order of the District Magistrate, Buxar dated 13.02.2008 by which their appointments as Shiksha Mitra were cancelled. The grievance of the petitioners is that after Bihar Primary Panchayat Teachers (Appointment and Service Conditions) Rules, 2006 came into force, petitioners stood absorbed as Panchayat Teachers. It is submitted that under the Rules, the Collector had no power to hold an enquiry in respect of appointments of any Panchayat Teachers who were validly appointed as Shiksha Mitra and cancel the 4 same. It is submitted that when 2008 notification came into force constituting a statutory Appellate Authority, the District Magistrate was divested of powers to look into the grievances and entertain the complaints in the matter. After the statutory Appellate Authority has been constituted it is only the Appellate Authority who has to look into the entire matter in respect of appointments and service conditions of Panchayat Teachers and decide the same. Learned counsel appearing for the petitioners in these cases submits that this Court has already held so by order dated 15.07.2010 passed in CWJC No. 15697 of 2009. Considering the said judgment of this Court, this Court finds that the impugned order is without jurisdiction. The same is, therefore, quashed. The matter shall be treated as pending under 2008 Rules and the same shall be transmitted to the concerned Appellate Authority along with the entire records within one month from the date of receipt of a copy of this order. On receipt of the 5 original records, the Appellate Authority shall issue notice to the concerned parties, give them an opportunity to be heard in the matter and shall pass appropriate orders in accordance with law preferably within the time limit prescribed under the Rules for disposal of such matters. However, it is made clear that in spite of quashing of the order of the Collector, petitioners shall not be entitled for reinstatement and payment of salary which shall depend upon final decision of the Appellate Authority. These writ applications are, accordingly, disposed of. BT (J. N. Singh, J.)