IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16254 of 2009 1. SEEMA KUMARI D/O HARI PRASAD R/OVILL JAGATPUR, P.O. TELBHAR, P.S. HARNAUT, DISTT- NALANDA, AT PRESENT POSTED AS PRAKHAND SHIKSHAK, MIDDLE SCHOOL , JAGATPUR, HARNAUT, NALANDA 2. KUMARI RANJU SINHA D/O JANARDAN PRASAD R/OVILL MOBARKPUR, P.O. KHARTHUA, PS. HARNAUT, DISTT- NALANDA, AT PRESENT POSTED AS PRAKHAND SHIKSHAK, MIDDLE SCHOOL, MWARAKPUR, HARNAUT, NALANDA 3. INDRA PRAKASH GAUTAM S/O LATE MANGAL DAS R/OVILL & P.O. GONAWA, P.S. HARNAUT, DISTT- NALANDA AT PRESENT POSTED AS PANCHAYAT SHIKSHAK, PRIMARY SCHOOL, MAHWACHAK, HARNAUT, NALANDA 4. ASHWANI KUMAR S/O SHAILENDRA PRASAD SINGH R/OVILL HASANPUR, P.O. KOLAWA, P.S.HARNAUT, DISTT- NALANDA AT PRESENT POSTED AS PRAKHAND SHIKSHAK, MIDDLE SCHOOL AMARPURI, HARNAUT, NALANDA 5. SHRAWAN KUMAR S/O LATE YUGESHWAR DAS R/O VILL NEHUSA SUDAMAPURI, P.O. NEHUSA, P.S. HARNAUT, DISTT- NALANDA AT PRESENT POSTED AS PREKHAND SHIKSHAK , UPGRADED MIDDLE SCHOOL, SHERPUR, HARNAUT, NALANDA 6. AJIT KUMAR SINGH S/O RAMDEO PRASAD R/OVILL NAYARBADHA, P.O. TELMAR, PS. HARNAUT, DISTT- NALANDA AT PRESENT POSTED AS PANCHAYAT SHIKSHAK, PRIMARY SCHOOL, MUSTAFFAPUR, HARNAUT, NALANDA 7. DHANRAJ PASWAN S/O LATE RAMSHISH PASWAN R/OVILL &P.O. NEHUSA, P.S. HARNAUT, DISTT- NALANDA AT PRESENT POSTED AS PANCHAYAT SHIKSHAK, PRIMARY SCHOOL, NEHUSA, HARNAUT, NALANDA 8. JAY PRAKASH SHARMA S/O RAJENDRA SHARMA R/OVILL SHERPUR, P.O. NEHUSA, P.S. HARNAUT, DISTT- NALANDA AT PRESENT POSTED AS PANCHAYAT SHIKSHAK, PRIMARY SCHOOL, GOKHULPUR, HARNAUT, NALANDA 9. SURENDRA KUMAR SINGH S/O LATE BINDESWAR SINGH R/OVILL TIRA, P.O. CHERO, P.S. HARNAUT, DISTT- NALANDA AT PRESENT POSTED AS PANCHAYAT SHIKSHAK, PRIMARY SCHOOL, UKHARA, HARNAUT, NALANDA 10. MOST. CHUNNU KUMARI WIDOW OF LATE RAMJEE PRASAD R/OVILL SIRSI, P.S. HARNAUT, DISTT- NALANDA AT PRESENT POSTED AS PRAKHAND SHIKSHAK, MIDDLE SCHOOL, SIRSI, HARNAUT, NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETATRY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA 2. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE SECRETARY, PRIMARY &ADULT EDUCATION DEPARTMENT GOVERNMENT OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE NALANDA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION NALANDA 6. THE BLOCK DEVELOPMENT OFFICER HARNAUT, NALANDA 7. THE BLOCK EXTENSION EDUCATION OFFICER HARNAUT, NALANDA ----------- 02/ 17.03.2010 Heard counsel for the petitioners and counsel - 2 - appearing for the State. Petitioners were initially appointed as Panchayat Shiksha Mitra in between May and June, 2003. They were not allowed extension in view of the order contained in letter no. 672 dated 21.04.2005 of Secretary, Primary & Adult Education Department, Govt. of Bihar, Patna. Through this letter a direction had been issued not to retain services of such Panchayat Shiksha Mitra, who have not enhanced their qualification up to Intermediate or any degree equivalent to it. Petitioners were matriculate at the relevant time as such they were not given extension and were removed. Subsequently, the removal order was challenged by similarly situated persons in L.P.A. No. 940 of 2007. In L.P.A. a finding was recorded that persons, who have already been selected and appointed on the basis of qualification of matriculation and have acquired higher qualification of Intermediate during the prescribed period of 33 months, shall continue in the employment, in case of termination will be reinstated. In the light of the order passed in L.P.A. No. 940 of 2007, Joint Secretary, Human - 3 - Resources Development Department, Govt. of Bihar took a resolution contained in Memo No. 2517 dated 04.07.2008. The resolution was that Panchayat Shiksha Mitra, who have acquired qualification of Intermediate within 33 months of their initial appointment, shall be retained in service, in case terminated shall be reinstated on the post. In view of the order passed in L.P.A. and the resolution of the Govt. the petitioners, who have already obtained qualification of Intermediate within 33 months from the date of their initial appointment with less than 45% marks, were reinstated and absorbed on the post of Pachayat/Prakhand teachers. The grievance of the petitioners is that they are not getting their salary after their reinstatement, though allowed to discharge their duties as Pachayat/Prakhand teachers. The payment of salary has not been made to the petitioners from September, 2008 i.e. the date of their reinstatement. Petitioners have also prayed for honorarium/salary for the period within which they remained out of their job on account of the decision taken by the State Govt. This application is allowed giving direction to the respondents, D.S.E., Nalanda/ Block Extension Education - 4 - Officer, Harnaut, Nalanda to look into the matter and make payment of salary to the petitioners on account of their reinstatement as per the resolution of the State Govt. dated 04.07.2008 dated 2517. The claim of the petitioners be examined by the concerned authorities and payment of salary be made to the petitioners for the period they have worked and for the period they were not allowed to work on account of government wrong policy decision. All payments must be maid to the petitioners within eight weeks from the date of production/communication of this order. DKS/ (Mridula Mishra, J.)