IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14649 of 2008 SANTOSH KUMAR, S/o Sri Lakshmi Narayan Singh, Resident of Village- Dumariya, P.O.- Gorkha, P.S. Bheldi, District-Saran ………Petitioner. -With- CWJC No.14270 of 2008 PUSHPA KUMARI -With- CWJC No.14637 of 2008 RAGNI KUMARI Versus 1. THE STATE OF BIHAR through the Principal Secretary , Human Resources Development Department, Bihar, Patna 2. The Director , Primary Education , Government of Bihar, Patna 3. The District Magistrate, Saran at Chapra 4. The District Superintendent of Education, Saran at Chapra 5. The Block Development Officer , Amnour, District-Saran 6. The Block Education Extension Officer, Amnour, District-Saran 7. The Mukhiya, Gram Panchayat Raj, Raypura, P.S. Bheldi, District- Chapra 8. The Panchayat Secretary, Gram Panchayat Raj, Raypura, P.S. Bheldi, District-Chapra ………..(Respondents-in all cases) ----------- 3. 19.03.2009 Heard learned counsel for the petitioners and the counsel appearing for the state. Petitioners, in all three writ applications have been terminated from their service by the impugned order contained in Memo No. 123 dated 31.7.2008 issued by the Block Development Officer , Amnour in the district of Saran. Petitioners were selected as Panchayat Shikcha Mitra for 11 months on 01.02.2003. Considering their services satisfactory, it was extended in the year, 2004, 2005 and also in 2006. After coming into force of Bihar Panchayat Primary Teacher (Appointment & service condition) Rule, 2006, petitioners were absorbed as Panchayat teachers as provided under rule 20(ii) and (iii) of 2 2006 rules. Subsequently, some objections were filed by the candidates not appointed as Shikcha Mitra which were duly inquired and finding allegation non-existent, petitioners were allowed to continue on the post. They received their salary regularly. C.W.J.C. No. 13690/06 was filed by Sudeep Kumar Singh and others. The writ application was disposed of with a direction to the petitioners to file their representation before the competent authority i.e. Block Development Officer for deciding it in terms of rule 18 of Bihar Panchayat Primary Teacher (Appointment & service condition) Rule, 2006. The impugned order has been passed by the Block Development Officer , Amnour (Saran) in view of the representations filed by the petitioners of that writ applications. Petitioners’ case is that the order has been passed in violation of rule of Natural justice as petitioners were not noticed to show cause. They were also not given any opportunity for submitting their show-cause. It has also been submitted by the petitioners’ counsel that the impugned order is completely silent as to how the reservation roaster was not followed in appointment of the petitioners, simply it is mentioned that the services of following persons are cancelled, as they were appointed ignoring reservation roaster. In the list, names of petitioners are included. 3 The question relating to termination of Panchayat Teachers who were earlier appointed as Panchayat Shikcha Mitra in 2003, 2004 & 2005 and subsequently absorbed on the post of Panchayat teachers, under 2006 rules has duly been considered by this court in C.W.J.C. No. 16423/08 and its analogous cases. It has been decided that such appointments cannot be re-opened by filing any complaint at a belated stage, when the appointment of Panchayat Shikcha Mitra has duly been absorbed under 2006 rules. Since issue which has been raised in all these writ applications, has already been settled in C.W.J.C. No. 16423/08 & its analogous cases, writ applications are being allowed in terms of finding in C.W.J.C. No. 16423/08 & its analogous cases. The impugned order contained in Memo No. 123 dated 31.7.2008 is quashed. Earlier there was a direction to keep the posts held by petitioners vacant till disposal of these writ applications, as such, petitioners will continue on these posts. They will receive salary for the period they worked as well as not allowed to discharge their duties, on account of impugned orders. Writ applications are allowed. AKV/ ( Mridula Mishra, J )