IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8407 of 2009 Vidha Ram, Son of Late Vigan Ram, resident of village-Girdharpur, (Nawkiganj), P.O.-Parwa, P.S.-Barhariya, District-Siwan. ………..Petitioner. Versus 1. The State of Bihar, through Secretary Human Resources Development Department, Government of Bihar, Patna. 2. Director of Primary Education, Government of Bihar, Patna. 3. District Superintendent of Education (D.S.E.), Siwan. 4. Block Education Extension Officer (B.E.O.), Barhariya, District- Siwan. 5. Mukhiya, Panchayat Raj, Rasulpur, District-Siwan. 6. Panchayat Secretary, Panchayat Raj, Rasulpur, District-Siwan. ----------- 2/ 21.07.2009 Heard counsel for the petitioner and the State. Petitioner was appointed as Shiksha Mitra vide order dated 13.4.2006 for period 11 months, starting from 13.4.2006 to 13.3.2007. Petitioner’s case is that before expiry of 11 months period of engagement as Panchayat Shiksha Mitra, Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rules which became effective from 26.1.2007 as provided under Rule 20 of 2006, which is saving clause, Panchayat Shiksha Mitra working on the appointed date were deemed to be absorbed on the post of Panchayat Teacher. Accordingly, petitioner working in Uchattar Madhaya Vidayalaya, Babuhata (Hindi), Anchal-Barhariya as Panchayat Shiksha Mitra was absorbed as Panchayat Teacher. Subsequently, he also received his honorarium/salary till March, 2007 but, thereafter, payment of salary has been stopped. All similarly situated persons along with petitioner represented their - 2 - cases before the District Superintendent of Education, Siwan for payment of arrears of salary and current salary but no order was passed. Being aggrieved, some of the teachers who had earlier represented with the petitioner, namely, Nilima Nilam, Malti Devi and Anita Devi @ Anita Kumari, filed C.W.J.C. No. 5386 of 2009, C.W.J.C. No. 5391 of 2009 and C.W.J.C. No. 5400 of 2009. These writ applications were heard analogous and disposed of, directing the respondent Mukhiya, Panchayat Secretary and Headmaster to make payment of salary, arrears as well as current salary to the petitioners, it was held that the petitioners are working, as till date no orders have been passed by the Competent Authority for withholding their salary, denial of salary may raise issues of Articles 21 and 23 of the Constitution of India. It was also directed that the payment should be made to the petitioners within maximum period of three months from the date of receipt/production of the order, in case there is non-cooperation from the Block Education Extension Officer or the Panchayat Secretary, the superior authority such as District Superintendent of Education was directed to take disciplinary action against the concerned authorities. Petitioner’s case is also being disposed of in same terms as in C.W.J.C. No. 5386 of 2009 and analogous cases. The respondents, the Mukhiya, Gram Panchayt Raj, Rasulpur the Panchayat Secretary, Panchayat Raj, Rasulpur and Headmaster of the school are directed to make payment of petitioner’s arrears as well as current salary within one month from the date of - 3 - production/communication of this order. In case, respondent Nos. 4, 5, & 6 are not co-operating in the matters of payment of salary to the petitioner the District Superintendent of Education is directed to take disciplinary action against the respondents. Sanjeet/ (Mridula Mishra, J.)