IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8811 of 2007 RAMCHANDRA PRASAD YADAV Versus THE STATE OF BIHAR & ORS ----------- 2/ 1/7/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 22.7.2007 at annexure-4 terminating his appointment in pursuance of a press communique issued by the State Government. Learned counsel for the petitioner submits that the petitioner was appointed as a Siksha Mitra on 12.3.2003 when his services on contract were extended after a period of 11 months in accordance with the then existing rules and subsequently he acquired the status of a Panchayat Teacher when the Bihar Panchayat Primary Teachers (Appointment Service Conditions) Rules (hereinafter called the 2006 Rules) came to be framed in 2006. The submission is that there has been no notice to show cause before the termination order came to be issued. That at the time that the appointment was made there was no statutory bar to the appointment of persons having their qualification from the Hindi Sahitya Sammelan , Allahabad which came to be introduced for the first time on 1.7.2006 and under the 2006 Rules appointment of the petitioner is saved under Rule-20. He next submits that in any event the Hindi Sahitya Sammelan, Allahabad has the status of a deemed university under Section-3 of the U.G.C. Act. - 2 - All these aspects of the matter do not appear to have been considered when the impugned order of termination has been issued in violation of principles of natural justice and without consideration of the Rules themselves. The impugned order of termination dated 22.6.2007 is, therefore, not sustainable. It is accordingly set aside. The matter is remanded to the respondents to take a fresh decision with regard to the petitioner within a period of one month from the date of receipt/production of a copy of this order. If no such orders are passed, within the time as fixed above, in light of the discussions as aforesaid, the respondents shall be precluded from enquiring into the nature of the appointment when the status of the petitioner shall stand confirmed. Let the respondents also take an appropriate decision with regard to the claim for salary of the petitioner within the same period of one month as aforesaid and pay the legitimate dues to him. The application stands allowed with observations as contained hereinabove. KC ( Navin Sinha,J )