IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14185 of 2007 Harsh Narayan Jha, son of Sri Durga Nand Jha, village/ P.O. Raiyam, P.S. Bhairavsthan, District Madhubani … Petitioner Versus 1. The State Of Bihar through the Commissioner cum Secretary, Deptt. of Primary, Secondary and Adult Education, Govt. of Bihar, Old Secretariat, Patna 2. The District Magistrate, Madhubani 3. The District Superintendent of Education, Madhubani 4. The Block Development Officer, Jhanjharpur, District Madhubani 5. The Block Education Extension Officer, Jhanjhanpur, District Madhubani 6. The Headmaster, Primary Girls School, Raiyam, Block Jhanjharpur, District Madhubani … Respondents ----------- 3. 22.7.2011 Having heard counsel for the parties as with regard to the relief of payment of salary of the petitioner pursuant to his appointment on the post of Shiksha Mitra, when this Court would find that there is a basic dispute with regard to acceptance of joining of the petitioner, inasmuch as the petitioner has assailed the order passed by the Block Development Officer intimating the decision of the Collector of the District for not giving effect to an order of retrospective acceptance of joining of the petitioner on the post of Shiksha Mitra on a date on which the post of Shiksha Mitra did not even remain in existence, this Court 2 would find it difficult to now decide the question as with regard to the petitioner’s initial engagement on the post of Shiksha Mitra and/or his alleged absorption on the post of Panchayat Shikshak unless there be a fact finding enquiry with regard to acceptance of joining of the petitioner on the post of Shiksha Mitra on 30.1.2006. Since this exercise has not been done by any authority and an adverse decision by the impugned order has been taken without giving opportunity of hearing to the petitioner, this Court would in the facts and circumstances of the case give liberty to the petitioner to approach the District Teachers Appellate Authority within a period of one month from today. In case the petitioner would file his complaint as with regard to the relief sought in this writ application the authority shall decide the issue without being prejudiced by any order passed by the Block Development Officer or the Collector of the District and would take its independent decision after making enquiry from the concerned school as also the authorities, who were under 3 obligation to make appointment and/or accept joining of the petitioner. Since the impugned order dated 12.6.2007 has been passed on the basis of a complaint filed by Renu Kumari, any decision would be taken by the authority only after giving notice and/or opportunity of hearing to Renu Kumari as well. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/