IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4186 of 2010 1. VIJAY KUMAR SAH S/O SRI LAL BABU SAH R/O VILL.- BISHUNPURA, P.S.- JALALPUR, DISTT.- SARAN AT CHAPRA 2. RAMANAND SAH S/O LATE RAMAYAN SAH R/O VILL.- NAWADA MATHIA, P.S.- JALALPUR, DISTT.- SARAN AT CHAPRA 3. ANIL KUMAR SAH S/O LATE JITAN SAH R/O VILL.- SALEMPUR, P.S.- DERNI, DISTT.- SARAN AT CHAPRA 4. JITENDRA KUMAR SAH S/O SRI RAM LAKSHAN SAH R/O VILL.- RASULPUR, P.S. DERNI, DISTT.- SARAN AT CHAPRA 5. SUDAMA PRASAD SAH S/O SRI KANHAIYA PRASAD SAH R/O VILL.- PARASGARH DAKSHIN TOLA, P.S.- EKMA, DISTT.- SARAN AT CHAPRA 6. JAI PRAKASH SAH S/O RAM SAGAR SAH R/O VILL.- FATEHPUR SARAIYA, P.O.+P.S.- DUMARI (MANJHI), DISTT.- SARAN AT CHAPRA 7. SHIVJI SAH S/O CHULHAN SAH R/O VILL.- MANJHI BHATOLI, P.S. MANJHI, DISTT.- SARAN AT CHAPRA 8. SITARAM SAH S/O SRI CHANDESHWAR SAH R/O VILL.- SUNDARGANJ, P.S.- MASRAKH, DISTT.- SARAN AT CHAPRA 9. BRAJ KISHORE SAW S/O RAM AYODHYA PRASAD R/O VILL.- PACHRUKHIYA, P.S.- KOPA, DISTT.- SARAN AT CHAPRA 10. LAL BABU SAH S/O SRI BALDEO SAH R/O VILL.- SENDUAR, P.S. JANTA BAZAR, DISTT.- SARAN AT CHAPRA 11. RAMESHWAR SAH S/O LATE YOGILAL SAH R/O VILL.- SIKATIYAN, P.S. MAHARAJGANJ, DISTT.- SARAN AT CHAPRA Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER- CUM-SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPTT., GOVT. OF BIHAR, PATNA 2. THE COMMISSIONER-CUM-SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPTT., GOVT. OF BIHAR, PATNA 3. THE COMMISSIONER-CUM-SECRETARY, HUMAN RESOURCES DEPTT., GOVT. OF BIHAR, PATNA 4. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 5. THE DISTRICT MAGISTRATE, SARAN AT CHAPRA 6. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, SARAN DIVISION, CHAPRA 7. THE DISTRICT SUPERINTENDENT OF EDUCATION, SARAN AT CHAPRA 8. BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS CHAIRMAN, 15, BAILY ROAD, PATNA 9. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR 10. THE DISTRICT WELFARE OFFICER, SARAN AT CHAPRA - 2 - 11. THE DISTRICT WELFARE OFFICER, MUZAFFARPUR ----------- For the Petitioners : M/s Prabhu Narayan Sharma and Nagendra Prasad Yadav. For the State : G.A.5 For BPSC : Mr. Sanjay Pandey. 3 6.9.2010 The petitioners, eleven in number, had pursuant to advertisement issued by Bihar Public Service Commission for appointment of Assistant Teacher, applied as far back on 25.1.1996.They were duly selected by the Bihar Public Service Commission and their names were recommended for appointment to the district authority of Chapra. Their selection was on basis of belonging to Gond community, being a notified Scheduled Tribe. When they went to join in Chapra, the district administration did not accept their joining, being of the view that Gond was not Scheduled Tribe. They refused to accept the selection, as made, by the Bihar Public Service Commission. Then started a spate of communication between the Personnel Department and the District Administration. Ultimately, the petitioners approached this Court. There were some others as well. This Court clearly held that the petitioners qualified as Scheduled Tribe. When the petitioners, on the strength of this judgment, which was then accepted by the Personnel Department, went to join, they were then told that the Government has now decided that they would be recruiting only Panchayat Teacher and not Assistant Teacher. This led to file a contempt application before this Court. The contempt application was then disposed of directing the petitioners to join the post of Panchayat Teacher under protest and then challenge this action of the State. - 3 - Petitioners accordingly joined as Panchayat Teachers and have now challenged the action of the State. On behalf of the State, it is submitted that no doubt in view of judgment of this Court , petitioners’ joining was wrongly not accepted but now recruitment can only be made on Panchayat Teacher post and not Assistant Teacher. Petitioners’ grievance is that they if the State had fault in not accepting their joining, for the fault of the State, they cannot make to suffer. It is pointed out that there is vast difference between the service and service condition as between the Assistant Teacher and the Panchayat Teacher. Assistant Teacher post is a permanent post in a pay scale under the government where as Panchayat Teacher is a contractual appointment on a fixed paltry amount under the Panchayat. Having considered the matter, in my view, this matter is squarely covered by several judgments of this Court firstly on the issue that the action of the State in refusing to accept the joining was wrong. Court wonders how the district authority could challenge the selection and recommendation, as made, by the Bihar Public Service Commission. Any how the writ petitioners having came to this Court and this Court having held that they were duly qualified and they had wrongly been deprived should have ended the matter. It did not. Now what is being said that the State ought to have acted accordingly but acted wrongly defeating the right of the petitioners. Even this question in relation to the said issue has been answered by this Court in CWJC No. 5786 of 2010 decided on 2.7.2010, which is Annexure 10/1 to the - 4 - interlocutory application field by the petitioners. It is for the purposes of this issue, the matter was adjourned. Learned counsel for the State fairly states that he is not in a position to distinguish the matter on any count. Thus, as held by this Court in CWJC No. 5786 of 2010, decided on 2.7.2010 in the case of Sanjay Kumar & ors-v- The State of Bihar & ors. it is held that the petitioners are entitled to join as Assistant Teachers and that too with effect from 1999, when they had given their joining but as they have been working only since 2007, as Primary Panchayat Teacher, they would be entitled to remuneration as Assistant Teachers from 2007 but for the purposes of seniority and continuity of service, their appointments would be with effect from 1999. With the aforesaid observations and directions, the writ petition is allowed. singh (Navaniti Prasad Singh,J)