IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13838 of 2008 NEELAM SINGH, W/O SHRI RAJENDRA PRASAD SINGH, AMIT MEDICAL HALL, R/O UNTA, P.S.-JEHANABAD, DISTRICT-JEHANABAD. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, JEHANABAD, DISTRICT-JEHANABAD. 3. THE ADDITIONAL COLLECTOR (NAXAL), JEHANABAD, DISTRICT-JEHANABAD. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION- CUM-CONVENOR, SARVA SHIKSHA ABHIYAN, JEHANABAD. 5. THE DISTRICT EDUCATION OFFICER, JEHANABAD. 6. THE BLOCK DEVELOPMENT OFFICER, JEHANABAD, DISTRICT-JEHANABAD. 7. THE BLOCK EDUCATION EXTENSION OFFICER, JEHANABAD, DISTRICT-JEHANABAD. 8. THE MUKHIYA, KALPA PANCHAYAT, P.S. AND DISTRICT-JEHANABAD. 9. THE PANCHAYAT SECRETARY, KALPA PANCHAYAT, P.S. AND DISTRICT-JEHANABAD. 10.THE HEADMASTER, GOVERNMENT PRIMARY SCHOOL, KALPA KHURD, P.S. AND DISTRICT-JEHANABAD. 11.SHRI SURESH KUMAR SINGH, S/O OF NOT KNOWN TO THE PETITIONER, AT PRESENT WORKING AS B.D.O., JEHANABAD. ……………RESPONDENTS. ----------- 5 08.09.2010 It appears from Annexure-3 that earlier the B.D.O. had passed order in favour of the petitioner directing her to be appointed pursuant to which appointment letter was issued to the petitioner. However, the same was challenged by one of the candidates before this Court in CWJC No. 7369 of 2008. The said writ application was disposed of by order dated 6.5.2008, vide Annexure-14, by which, the B.D.O. was 2 directed to consider the complaint-cum- representation of the petitioner within six months. The B.D.O. passed fresh order, as contained in Annexure-15, in which reversing his earlier order, he has cancelled the appointment of the petitioner pursuant to which order was issued by the Mukhiya/Panchayat Secretary stopping salary of the petitioner, vide Annexure-16. These two orders i.e. Annexure-15 and 16 are under challenge before this Court in this writ application. When the case was taken up on 15.01.2009, this Court directed the respondents to file counter affidavit in the case and directed the respondents not to make any fresh appointment on the post earlier held by the petitioner. In view of two contradictory orders of the B.D.O. himself in the matter, this Court feels it appropriate that the matter should be finally examined by the Appellate Authority constituted under Rule 18 of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Sart) Niyamvali, 2006 (as amended by Amendment Act, 2008). 3 Therefore, this writ application is disposed of with a direction to the Appellate Authority to consider the matter on its merits after hearing the parties and after going through the concerned original records. The Appellate Authority will also consider the fact as to whether any other claimant is available or has complained non-consideration of case or not in the selection process. The Appellate Authority shall decide the issue in between the parties, if no other claimant is found to have agitated the matter before at any stage in respect of the post in question and pass orders. The Appellate Authority shall issue notice to all the concerned parties including the writ petitioner of CWJC No. 7369 of 2008. To initiate the proceeding before the Appellate Authority, the petitioner shall file a formal application before the Appellate Authority with a copy of this order and the Appellate Authority shall take all steps to conclude the hearing of the matter and pass orders preferably within a period of two months from the date of receipt/production of a copy of this order. During the pendency of this writ 4 application, the interim order passed by this Court shall continue. In the meanwhile, the petitioner will be at liberty to claim for salary of the period he has actually worked. Arvind/ ( J. N. Singh, J.)