IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9218 of 2008 REKHA KUMARI, WIFE OF MADHUSUDAN NIRALA, RESIDENT OF VILLAGE- UKAURA, P.S. PAKRIBARAWAN, DISTT. NAWADAH, A/P POSTED AS SIKSHA MITRA MIDDLE/PRATHMIC SCHOOL UKAURA, ANCHAL PAKRIBARAWAN, DIST-NAWADAH Versus 1. THE STATE OF BIHAR 2. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADAH 3. THE HEADMASTER, MIDDLE PRARAMBHIC SCHOOL, UKAURA, ANCHAL PAKRIBARAWAN, DISTT.- NAWADAH 4. THE BLOCK EDUCATION OFFICER, ANCHAL PAKRIBARAWAN, DIST- NAWADAH 5. MUKHIYA OF GRAM PANCHAYAT UKAURA, DISTT- NAWADAH & 6. RAJENDRA PASWAN ----------- For the petitioner: Mr. Shyamdeo Prasad Singh For the State: Mr. J.C. to G.P. 22 For respondent No.5: Mr. S.C. Sundaram *************** 4. 22.01.2009 Heard the counsel for the petitioner, for the State and other respondents. Counter affidavits have been filed on behalf of the D.S.E. Nawada, the Headmaster, Middle Prathmic School, Ukaura, Anchal Pakri Barawan, Nawada and Mukhiya of Gram Panchayat, Ukaura, Distt- Nawada (respondents No. 2, 3 & 5) respectively. From the statements made in the counter affidavits as well as statement of the petitioner in the writ application, it seems that several disputed questions of fact are involved which need proper consideration on the basis of the relevant records. - 2 - Prayer of the petitioner is for a direction to make payment of salary for the period, she has worked as Panchayat Shikchha Mitra in any school under Ukaura Gram Panchayat, Anchal Pakri Barawan, District- Nawada. Both; the petitioner as well as respondent No. 6 are claiming that they have been appointed as Panchayat Shikcha Mitra vide Memo No. 09 of 2006 dated 22.02.2006. Under the same Memo, two appointment letters have been issued; in one letter, name of the petitioner is missing and in another appointment letter, name of the respondent No. 6 is appearing. It is desirable that in this circumstance, the Block Development Officer, Pakribarawan who is a competent authority under Clause 18 of BIHAR PANCHAYAT PRARAMBHIC SHIKSHAK (NIYOJAN AWAM SEWA SHART ) NIYAMAWALI, 2006 will consider and decide the matter in accordance with law considering the relevant records, giving proper opportunities to the parties for hearing. Before deciding this dispute, the petitioner , respondent No. 6 as well as the Mukiya, Panchayat Sewak, all should be noticed , relevant records be called for, and within eight weeks from the date of production/communication of this order, - 3 - everything should be decided in accordance with law as per rules. The petitioner, if found to be genuinely appointed, should be paid arrears of salary as well as current salary. This application is, accordingly, disposed of. AKV/ (Mridula Mishra,J.)