IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3498 of 2009 Meena Devi . Versus The State Of Bihar & Ors . ----------- 3 5.7.2011 Petitioner was appointed as Panchayat Teacher in Prathamik Vidyalaya, Karshibari under Gram Panchayat Raj Barahhkumba vide letter no.03/07 dated 22.1.2007, in terms of Bihar Panchayat Primary Teachers ( Appointment and service Conditions) Rules, 2006. Petitioner joined on her post and paid her salary with effect from the date of her joining i.e. 251.2007 till September, 2008. A letter No. 1863 dated 3.12.2008 was issued by the District Education Officer-cum-Sub Divisional Officer, Araria, directing the Panchayat Secretary and Mukhiya to remove petitioner and others from their posts who possess educational degree of Up-Shastri and were appointed in the year 2006-2007 as Panchayat/Prakhand Teachers. Counsel for the petitioner submits that on account of this letter, payment of petitioner’s salary has been stopped, though she is still working on the post. The impugned letter contained in memo no. 1863 dated 3.12.2008 has been assailed by the petitioner on the ground that it is illegal and 2 unjustified and also that this letter has already been quashed by the High Court in CWJC No. 11044 of 2008. In this very decision the High Court has held that a person who has been duly appointed in terms of statutory rules and government notifications cannot be removed with retrospective effect in the light of any executive orders or circulars of the Government. Sanskrit degree for appointment in the State Government service is concerned equivalent to matriculation in terms of Government instructions dated 11.1.1999. Up-Shastri is equivalent to Intermediate as recognized by the State Government and by the Central Government. Petitioner was appointed as untrained teacher on the basis of her up-Shastri degree, which is equivalent to intermediate. Under Bihar Panchayat Primary Teachers (Appointment of Service Conditions ) Rules 2006 also provides that persons having intermediate or equivalent degree from recognized University/Board, shall be appointed as Panchayat/Prakhand Teacher. Up-Shastri degree being equivalent to Intermediate is requisite qualification for being appointed as Panchayat/Prakhand Teacher. Petitioner had applied 3 for the post and duly appointed as Panchayat Teacher. She could not have been removed from her service on the ground that Up-Shastri degree is not a requisite qualification for being appointed as general teacher. Considering the fact that in Bibha Rani’s case, this issue has been settled by the High Court, the respondent authority cannot remove the petitioner from her post on which she was appointed in consonance of 2006 Rules. She is working on the post, as such entitled for payment of arrears of her salary, which has been stopped in the light of the impugned orders issued by the District Superintendent of Education. The Respondent will make payment of arrears of salary as well as current month to month salary to the petitioner. Necessary orders in this regard must be passed by the respondent within four weeks from the date of production/ communication of this order and entire payment should be made to the petitioner. The writ petition stands allowed. A. Kumar ( Mridula Mishra, J.)