IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12874 of 2009 MEENA DEVI, Wife of Rajdeo Singh, resident of village & P.O. Shahpur Patti, P.S. Sahebganj, District – Muzaffarpur. …. Petitioner. Versus 1. THE STATE OF BIHAR. 2. District Magistrate, Muzaffarpur. 3. District Superintendent of Education, Muzaffapur. 4. Block Development Officer, Paru, Muzaffapur. 5. Block Education Extension Officer, Paru, Muzaffapur. 6. Panchayat Secretary, Gram Panchayat Raj, Deoria East, Block Paru, District –Muzaffapur. 7. Mukhiya, Gram Panchayat Raj, Deoria East, Block Paru, District – Muzaffapur. …. Respondents. ----------- 02/ 21.12.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for quashing the order contained in Memo No. 2085 dated 20.5.2009 issued under the signatures of the District Magistrate, Muzaffapur and the District Superintendent of Education, Muzaffapur cancelling the appointment of the petitioner on the post of Panchayat Teacher. Petitioner was initially appointed on the Post of Panchayat Shiksha Mitra in the year, 2005. At the time of her appointment she was Intermediate but her marks in the Intermediate examination was less than 45%. The State Government came out with a resolution that Panchayat Shiksha Mitras, who was appointed having Intermediate qualification but less than 45% marks, should not be - 2 - retained in service. Considering that resolution several Panchayat Shiksha Mitras were terminated from their post. So far petitioner is concerned, she continued on the post and also absorbed on the post of Panchayat Teacher. However, by the impugned order she has been removed from her service completely over looking the subsequent resolution of the Human Resources Development Department bearing Memo No. 2517 dated 4.7.2008, whereby the Panchayat Shiksha Mitras, who even had less than 45% marks were directed to be retained in service, absorbed on the post of Panchayat teacher and in case removed from their service, were directed to be reinstated with effect from the date they were removed. Counsel for the petitioner submits that this issue has already been settled in the judgment and order passed by this Court in writ applications, which have been annexed as Annexure – series to this application. Considering the fact that the impugned order has been passed by the District Magistrate, Muzaffarpur as well as District Superintendent of Education, Muzaffapur in violation of the government’s own resolution of the Human - 3 - Resources Development Department bearing Memo No. 2517 dated 4.7.2008 as well as the order passed by this Court in several writ applications, which have been annexed as Annexure -9 series to this application, the impugned order dated 20.5.2009 contained in Memo No. 2085 is quashed. This writ application is allowed directing the respondents to make payment of salary to the petitioner, which has not been paid to her from 1.4.2007 till date. She also be paid her month to month current salary. DKS/ (Mridula Mishra, J.)