1 IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.147 of 2007 SAHENDRA SINGH, S/O SRI RAMJI SINGH, R/O VILLAGE KAITHI, P.O. MUJRAH, P.S. DHARMPURA, O.P (NOKHA), DISTRICT ROHTAS. .... .... Petitioner. Versus 1.THE STATE OF BIHAR. 2.THE COLLECTOR, ROHTAS AT SASARAM. 3.THE BLOCK DEVELOPMENT OFFICER, NOKHA-BLOCK, DISTRICT ROHTAS. 4.THE BLOCK EDUCATION EXTENSION OFFICER, NOKHA BLOCK, DISTRICT ROHTAS. 5.THE GRAM PANCHAYAT RAJ DHARMPURA UNDER NOKHA PRAKHAND, P.S. DHARMPURA, O.P. NOKHA, DISTRICT ROHTAS, THROUGH the MUKHIYA OF GRAM PANCHAYAT RAJ, DHARAMPURA,P.S. DHARMPURA, PRAKHAND, NOKHA, DISTRICT ROHTAS. 6.MUKHIYA, GRAM PANCHAYAT, DHARAMPURA, P.S. DHARAMPURA, O.P.(NOKHA), PRAKHAND NOKHA, DISTRICT ROHTAS. 7.PANCHAYAT SEVAK CUM SECRETARY,GRAM PANCHAYAT, DHARAMPURA, P.S. DHARAMPURA, O.P.(NOKHA), PRAKHAND NOKHA, DISTRICT ROHTAS. 8.PARAMSHILA DEVI, D/O RAM SURESH YADAV, R/O VILLAGE GAMHARIYA, P.S. DHARAMPURA, DISTRICT ROHTAS. 9.SUNIL KUMAR, S/O RAMESHWAR YADAV, R/O VILLAGE MUJRARH. 10.RAGHUBIR SHARAN, S/O SHYAM BIHARI PASWAN, R/O VILLAGE MUJRARH. 11.DHANANJAY RAM, S/O BISHUNDHARI RAM, R/O VILLAGE DUDHAR. 12.SUNITA KUMARI, D/O BINOD KUMAR YADAV, R/O VILLAGE MUJRARH. 13.GITA KUMARI, D/O RAJENDRA SINGH KOERI, R/O VILLAGE KAITHI. 14.RITA KUMARI, D/O RAJENDRA KUMAR SAH, R/O VILLAGE BARADIH. 15.PRAMILA KUMARI, D/O RISHIKESH KAHAR, R/O VILLAGE MUJRARH. 16.OHM PRAKASH, S/O BUDHU RAM PASWAN, R/O VILLAGE DHARAMPURA. 17.ANIL PASWAN, S/O ARJUN PASWAN, R/O VILLAGE DUDHAR, ALL AT SL. NOS.8 TO 17 ARE OF P.S. DHARAMPURA, O.P. NOKHA, DISTRICT ROHTAS. .... .... Respondent/s 04 11.07.2011 This case relates to the engagement of the 2 petitioner as a Shiksha Mitra and/or appointment on the post of Panchayat Shikshak. It has been claimed by the petitioner that had he been engaged and continued in service as a Shiksha Mitra he could have got the benefit of absorption on the post of Panchayat Shikshak in terms of Rule 20(iii) of 2006 Rules. The aforesaid 2006 Rule however itself provides a statutory alternative remedy in Rule-18 thereof, wherein, an independent body namely the District Teachers Appellate Authority has been constituted to look into any of the grievances relating to employment on the post of Panchayat Shikshak which in its wide sweep would also include the absorption of Shiksha Mitra on the post of Panchayat Shikshak. However, there was some sort of confusion as with regard to entertaining the dispute relating to engagement/continuation on the post of Shiksha Mitra ,in view of the provisions made in Rule-18 but then the State Government has also clarified the same by its circular dated 14.05.2009, that even the dispute relating to the post of Shiksha Mitra could be adjudicated by the District Teachers Appellate Authority. The tribunal in form of the District 3 Teachers Appellate Authority has therefore to find out the facts in the light of the relevant records and therefore, this writ applications is disposed of with a liberty to the petitioner to approach the concerned District Teachers Appellate Authority within a period of six weeks from today and if such an application by way complaint is filed before the concerned Authority, it will proceed to examine the claim of the petitioner on merit and would not non suit the petitioner on the ground of limitation. It is however made clear, that in case, the petitioner would also assail the engagement/continuation of any other persons on the post of Shiksha Mitra who have been later on absorbed as Panchayat Shikshak, not only this Authority will have issued notice to such person but will have to afford opportunity of hearing before passing the final order on such complaint/representation filed by the petitioner before the Authority. The Authority keeping in view that the dispute has lingered from 2007 and that the Authority was constituted during the pendency of this writ application must ensure that a final decision in accordance with law is taken within a period of six months from the date of filing of the complaint/representation of the concerned 4 petitioner. With the aforementioned observations and direction, this application is disposed of. RANJAN KUMAR/- (Mihir Kumar Jha, J)