IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16297 of 2006 DINA NATH RAJAK, S/O RAM BILASH RAJAK, R/O VILLAGE LODIPUR, POLICE STATION KARPI, DISTRICT ARWAL. ……………………PETITIONER. Versus 1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, ARWAL. 3.THE DIVISIONAL SUPERINTENDENT OF EDUCATION JEHANABAD CUM ARWAL. 4.THE BLOCK DEVELOPMENT OFFICER, KARPI, DISTRICT ARWAL. ……………………….RESPONDENTS. ----------- 03/ 20.07.2011 Heard counsel for the parties. Though the grievance of the petitioner in this writ petition relates basically as with regard to payment of his salary for the period from 01.09.2005 to July 2006 during which he claims to have worked as Shiksha Mitra but on close analysis it is found that the petitioner in the garb of claiming payment of salary actually aims to be absorbed on the post of Panchayat Shikshak, inasmuch as, under Rule-20(iii) of 2006 Rules, every Shiksha Mitra continuing as on 30.06.2006 is deemed to have been absorbed on the post of Panchayat Shikshak. The question therefore, would be if the payment of salary of the petitioner was not made for the aforesaid period, whether the petitioner as a matter of fact can claim to have been ever engaged 2 on Shiksha Mitra or his such claim of payment of salary on the basis of some documents obtained from the concerned Authority is a device to grab the post of Panchayat Shikshak. All these factual aspects therefore, can be only gone into before the concerned District Teachers Appellate Authority which shall look into the grievance of the petitioner and decide the issue on its own merit after examining the facts from the original records. It is made clear that this Court has not expressed any opinion on the merit of the claim of the petitioner and has simply given liberty to the petitioner to approach the concerned District Teachers Appellate Authority for redressal of his grievance for which this misconceived writ application was filed on 24.12.2006 and had remained pending till date. With the aforementioned observation and liberty, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)