IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12547 of 2009 BABITA KUMARI, daughter of Shri Rajendra Prasad Gupta, Wife of shri Gurudeo Gupta, resident of village-Mansoorchak, P.O & P.S.-Mansoorchak, District-Begusarai, at present posted and working as Prakhand Teacher in Govt. Middle School Mansoorchak, Anchal- Mansoorchak, 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 District Magistrate, Begusarai. 5. The Deputy Development Commissioner-cum-Chairman, District Education Establishment Committee, Begusarai. 6. The District Superintendent of Education, Begusarai. 7. The Block Development Officer, Mansoorchak, District-Begusarai. 8. The Block Education Extension Officer, Mansoorchak, District-Begusarai. 9. The Prakhand Pramukh, Mansoorchak Prakhand, District-Begusarai. 10. The Mukhiya, Gram Panchayat Raj Mansoorchak, Block-Mansoorchak, District-Begusarai. 11. The Panchayat Secretary, Gram Panchayat Raj Mansoorchak, Block- Mansoorchak, District-Begusarai. 12. The Headmaster of Govt. Middle School Mansoorchak, Anchal- Mansoorchak, District-Begusarai. ……….Respondents. ----------- For the petitioner: Mr. Umesh Kumar Mishra, Adv. 2/ 09.12.2009 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner has prayed for quashing the Memo No. 4240 dated 15.11.2007 issued under the signature of the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna and also for quashing the consequential order contained in Memo No. 879 dated 17.04.2009 issued under the signature of District Superintendent of Education-Cum-District Programme Coordinator, Bihar Education Project, Begusarai. By the impugned letters a direction was issued to cancel the appointment of such Panchayat 2 Teachers/Prakhand Teachers, who were appointed on the basis of their Up-Shastri or Maulvi degree treating it equivalent to intermediate. Counsel for the petitioner submits that on account of the impugned orders her payment of salary has been stopped since September, 2008 and till date no order has been passed by the respondents for payment of her salary. Despite this fact that the order contained in Memo No. 4240 dated 15.11.2007 issued by the Principal Secretary, Human Resources Development Department, has already been quashed by this Court by order passed in C.W.J.C. No. 12456 of 2008 and analogous cases, Ribha Rani and others Vs. The State of Bihar and others, petitioner’s salary has been stopped in the light of order contained in Memo No.4240 dated 15.11.2007. I fail to understand the behaviour of the respondents, District Superintendent of Education, Begusarai and other concerned authorities, who are compelling similarly situated appointed teachers to bring an order in their favour from High Court for resuming payment of their salary and for re-instating on their posts. They have full knowledge regarding the decision taken by this Court in Ribha Rani’s case. Petitioner’s case is fully covered by the judgment and order passed in C.W.J.C. No. 12456 of 2008 and analogous cases (Ribha Rani and other Vs. The State of Bihar and another), but she is being harassed. Accordingly, a direction is issued to all concerned 3 authorities in the district of Begusarai including those who connected with Education Department as well as the concerned Mukhiya and Panchayat Secretary of the Gram Panchayat, to make payment of petitioner’s arrears of salary since September, 2008 till date and also to continue payment of month to month current salary. Payments must be made within three weeks from the date of production/communication of this order. Sanjeet/ (Mridula Mishra, J.)