IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7631 of 2008 Rahmati Bano, D/o Mohammad Anwar Alam, resident of Saharsa Basti Ward No.31/24, P.O. Saharsa, P.S. and District Saharsa……………………………………………………………..Petitioner Versus 1. The State Of Bihar, through the Secretary, Human Resources Department (Education), Patna. 2. The District Magistrate, Madhepura. 3. The District Development Commissioner, Madhepura. 4. The Block Development Officer, Block Ghailarh, District Madhepura. 5. The Regional Deputy Director of Education, Koshi Division, Saharsa. 6. The District Superintendent of Education – cum - District Programme Co-ordinator, Madhepura. 7. The Block Education Officer, Block Ghailarh, District Madhepura. 8. The Panchayat Sachib, Panchayat Jhitkia, P.O. Ghailarh, Block Ghailarh, District Madhepura. 9. The Head master, Primary School (Urdu) Lakshmania, Panchayat Jhitkia, Block Ghailarh, District Madhepura. 10. The Mukhia, Panchayat Jhitkia, P.O. Ghailarh, Block Ghailarh, District Madhepura. 11. Nikhat Banoo W/o Afroz, Mahua Tola, Panchayat Jhitkia, Block Ghailarh, District Madhepura…………………………………………….……..Respondents ---------------------------------- 3 08.08.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner was appointed as Panchayat Teacher in 2007. However, by subsequent order, she has been restrained from working as such and she has received 2 information that respondent no.11 has been appointed in her place. The submission of the learned counsel for the petitioner is that respondent no.11 had not participated in the Counselling and, therefore, her appointment was out and out illegal. It is pointed out that petitioner filed a complaint before the competent authority vide Annexure-5 and also sent a legal notice to the Block Development Officer, Ghailarh, District Madhepura, vide Annexure-6, with copies to all concerned. However, it is submitted that no final decision has been taken by the respondents in the matter till now. After creation of the statutory Appellate Authority as per 2008 Amendment in the Rules, Government officials have been divested off the powers to entertain any complaint and pass orders in respect of employment or otherwise of Panchayat Teachers and all pending matters in respect of Shiksha Mitra also. As from the records it appears that the complaint of petitioner has not 3 been disposed of by the authorities, this writ application is disposed of with a direction to the Block Development Officer/concerned authority to transmit the complaint/representation of the petitioner along all the connected records to the statutory Appellate Authority within one month from the date of receipt/production of a copy of this order. On receipt of the records, the Appellate Authority shall issue notice to the concerned parties giving them opportunity to be heard, call for the original records, if necessary, and shall decide the matter in accordance with law on merits, without going into the question of limitation preferably within three months from the date of receipt of records from the office of the concerned authority. BT (J. N. Singh, J.)