IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 15313 of 2010 Ajay Kumar, son of Shri Bindeshwari Mahto, resident of village – Hardiya Tola, P O – Chilmil, Police Station – Begusarai Mufassil, District – Begusarai, at present posted and working as Prakhand Teacher in Government upgraded Middle School – Kankaul, Anchal and District – Begusarai - Petitioner Versus 1 The State of Bihar 2 The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 3 The Director, Primary Education, Bihar, Patna 4 The Joint Secretary, Human Resources Development Department, Government of Bihar, Patna 5 The District Magistrate, Begusarai 6 The Deputy Development Commissioner –cum- Chairman, District Education Establishment Committee, Begusarai 7 The District Superintendent of Education, Begusarai 8 The District Superintendent of Education –cum- District Programme Coordinator, Bihar Education Project, Begusarai 9 The Prakhand Pramukh, Begusarai Prakhand, District – Begusarai 10 The Block Development Officer, Begusarai, District – Begusarai 11 The Block Education Extension Officer, Begusarai, District – Begusarai 12 Shri Jagdish Yadav, son of late Munshi Yadav, resident of village – Kankaul, Police Station and District – Begusarai, the then Mukhiya, Gram Panchayat Raj Chilmil, Anchal – Begusarai, District – Begusarai 13 Shri Ramashish Tanti, son of Shri Brahmdeo Tanti, resident of village – Chilmil, Police Station and District – Begusarai, the present Mukhiya, Gram Panchayat Raj Chilmil, Anchal – Begusarai, District – Begusarai 14 Shri Ashok Das, the then Panchayat Secretary, Gram Panchayat Raj Chilmil, Anchal – Begusarai, District – Begusarai 15 Shri Sanjeev Kumar, then present Panchayat Secretary, Gram Panchayat Raj Chilmil, Anchal – Begusarai, District – Begusarai 16 The District Teacher Employment Appellate Authority, Begusarai 17 Majoj Kumar Prabhakar, son of Shri Bino Sah, resident of village – Chilmil, P O – Chilmil, Police Station and District – Begusarai, at present posted and working as Prakhand Teacher in Government upgraded Middle School Kankaul, Anchal and District – Begusarai - Respondents *** For the petitioner : Mr Umesh Kr Mishra, Advocate For the S t a t e : Mr S C 7 *** 2 03.11.2010 The petitioner is aggrieved by the order of the District Teachers Appointment Appellate Tribunal dated 24.07.2010 passed in 2 Appeal Case No 45 of 2010 by the Appellate Tribunal, Begusarai. One Manoj Kumar Prabhakar had applied for and was selected as Shiksha Mitra. He, having not enhanced his educational qualification to the Intermediate level, his services were not renewed and in his place, petitioner was selected and appointed. Petitioner was later on absorbed as Panchayat Teacher. The said Manoj Kumar Prabhakar then completed his Intermediate Degree Course and applied for reinstatement pursuant to Government policy of the year, 2008. The Government policy was to take back all the Panchayat Teachers, who had been dismissed for not enhancing their educational qualification. The result is that as the petitioner was appointed on the vacancy caused by removal of the said Manoj Kumar Prabhakar, petitioner was liable to be removed. Petitioner moved the Appellate Tribunal but the appellate Tribunal did not come to rescue of the petitioner. Petitioner has urged that though in the Government policy, it is clearly provided that people like Manoj Kumar Prabhakar have to be taken back in service. It does not provide that people, who had already been in service and that too for almost five years, should be suddenly thrown out on the road. It is not necessary to decide this issue inasmuch as a reference to the order of the Tribunal itself shows that in the said Panchayat, there exists vacancies. If that be so then Manoj Kumar Prabhakar would be deemed to be adjusted against those vacancies which would result in no disturbance of the petitioner. Petitioner cannot be thrown out on the road for he is not at fault at all. He was duly selected and has worked for five years. I, therefore, set aside that part of the order of the Tribunal 3 by which the Tribunal has expressed its helplessness to rescue the petitioner and direct that if in the said Prakhand, there exists vacancy then the said Manoj Kumar Prabhakar would be deemed to be adjusted against the said vacancy without disturbing the petitioner in any manner who would continue to work as Prakhand Teacher and receive his remuneration accordingly which should be paid within three months from the date of receipt/production of a copy of this order before the District Superintendent of Education, Begusarai. The writ petition is disposed of accordingly. M.E.H./ (Navaniti Prasad Singh)