IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6120 of 2010 1. NAGENDRA PRASAD ARYA S/O SRI RAM SALAL PRASAD ARYA R/O VILL BHAGIRATHI, P.S.MATHUA,DISTT-GOPALGANJ 2. BINOD KUMAR SAH S/O SRI RAMEKBAL SAH R/O VILL CHAMANPURA, P.S.BAIKUNTHPUR , DISTT-GOPALGANJ 3. ASHOK KUMAR S/O SRI MANI PRASAD R/O VILL MAHAICHA, P.S HATHUA, DISTT-GOPALGANJ 4. JAI PRAKASH KUMAR S/O LATE RAM PRAVESH SAH R/O VILL GOPALPUR, P.S.BASANTPUR, DISTT-SIWAN 5. BABU RAM SAH S/O LATE SHARWAN SAH R/O VILL BELOURA, P.S.KATEYA, DISTT-GOPALGANJ Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY, PERSONAL & ADMINISTRATIVE REFORMS DEPARTMENT GOVT. OF BIHAR, PATNA 4. THE DIRECTOR PRIMARY EDUCATION BIHAR, PATNA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION GOPALGANJ ----------- 2 27.4.2010 Reg:- I.A. No. 3749 of 2010 The relief prayed by the petitioners in the main writ application and the Interlocutory application is the same. Prayer of the petitioners is for a direction to the respondent District Superintendent of Education, Gopalganj to issue appointment letters in their favour, on the basis of recommendation made by the Bihar Public Service Commission, in the year 1999. Petitioners’ name was recommended by the Bihar Public Service Commission along with several other persons for appointment on the post of Primary Teacher. The 2 appointment was also to be made in the district of Samastipur. In fact appointment letter had also been issued in favour of the petitioners, as per the recommendation of the Bihar Public Service Commission but objection was raised by the District Superintendent of Education, Gopalganj regarding the caste certificate of the petitioners as to whether he belongs to Scheduled Tribes, as per Circular No.35 dated 5.3.1997 issued by the Personnel & Administrative Reforms Department, Govt. of Bihar. In this inquiry a long time was taken and the petitioners had to file CWJC No. 9176 of 2000, which was disposed off, directing the respondents to consider the case of the petitioners and pass order within three months. Three months’ time has elapsed but nothing was done, as such petitioner has filed MJC No.1197 of 2009. During the pendency of the MJC application, respondent no.3 the Principal Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar, Patna, directed the District Superintendent of Education, Gopalganj to issue appointment letter in favour of the 3 petitioners, as per the recommendation made by the Bihar Public Service Commission for their appointment on the post of Panchayat Teachers. The District Superintendent of Education did not comply the direction of his superior authority; as such again the petitioners have to move before this Court by filing present application. As per the direction of the superior authority, appointment letter was not issued by the District Superintendent of Education, Gaopalganj in favour of the petitioners, rather a letter dated 4.1.2010 has been issued, whereby the petitioners have been asked to give their consent for their appointment on the post of Panchayat teacher/Prakhand teacher. The reason for issuance of such letter as shown by the respondent is that after coming into force of Bihar Primary Panchayat Teachers (Appointment and service Condition) Rules, 2006, all regular posts of Assistant Teachers have been cancelled. Counsel for the petitioners submits that since the recommendation in their favour was made in the year 4 1999, accordingly appointment letter for the post of Assistant teacher had also earlier been issued; now petitioners cannot be asked to give joining on the post of Panchayat Teacher/ Prakhand Teacher on contractual basis. Whatever delay has been made, for that respondents are responsible. For latches and delay on the part of the respondents, petitioners cannot be penalized. It has been stated that in the similar circumstance, two appointment letters have been issued by District Superintendent of Education, Samastipur vide order contained in Annexures 8 and 9 of the writ application, in favour of two persons, appointing them on regular pay scale. Considering, the agony and harassment, to which the petitioners have been subjected, for ten long years, due to latches and delay on the part of the respondents, a direction is being issued to the District Superintendent of Education, Goaplganj for issuance of appointment letters in favour of the petitioners, on regular post of Assistant Teachers having regular pay scale. 5 Appointment letter must be issued within a period of two weeks, from the date of production/communication of this order. The writ application stands allowed. (Mridula Mishra,J.) A.Kumar