IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10356 of 2009 BINITA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 2 16.9.2009 Heard Counsel for the petitioner and the Counsel appearing for the State. Petitioner was initially appointed as Shiksha Mitra and finally absorbed on the post of Panchayat Teacher under the provisions of Bihar Primary Panchayat Teachers (Appointment & Service Conditions) Rules, 2006. She was posted and working at Primary School, Mushari, Mokhtiyarpur in the district of Begusarai. The District Superintendent of Education- cum- Programming Coordinator Committee, Begusarai by letter No. 1150 dated 4.6.2009 issued a direction to the Principal of the concerned school not to make payment of salary to such teachers who were appointed on the basis of Up-shastri degree. In the light of this direction issued by the District Superintendent of Education, Begusarai, the Headmaster of the Primary School, Mushari, Mokhtiyarpur in the district of Begusarai stopped making payment of salary to the petitioner. Counsel for the petitioner submits that the issue relating to appointment of persons having Up-shastri degree under provisions of 2006 Panchayat Teachers - 2 - (Appointment and service condition) Rules, have already been considered and decided by this Court in CWJC No. 2456 of 2008 ( Ribha Rani and ors. Vs. State of Bihar & ors), where it has been held that the persons appointed under 2006 Rules considering their Up-Shastri degrees cannot be terminated from their service as under 2006 Rules up-Shastri degree was considered equivalent to Intermediate degree. Any subsequent Government circulars/guidelines can have no effect on such appointments as Government circulars/guidelines/directions can have only prospective effect. It was also directed that if the Government thinks of amending qualification for appointment on the post of Panchayat Teacher, it can come out with amendment. The Headmaster of the concerned School and the District Superintendent of Education, Begusarai are directed to make payment of arrears of salary since the date it has been stopped and month to month current salary should also be paid within a period of four weeks from the date of receipt/production of a copy of this order. This order be circulated to all Districts Superintendent of Education Posted throughout the State of Bihar for compliance of the direction of this Court in accordance with issue settled in Ribha Rani’s case - 3 - (supra). The District Superintendent of Education, Begusarai is specifically directed that since the issue of appointment on the basis of Up-shastri degree under 2006 Rules had already been decided and settled by this Court, in future he will not issue any such direction, in case of any such appointees either for their termination or withholding of salary. In case of such orders being issued by the District Superintendent of Education or any Officers of this rank posted at different districts, they will be liable for facing the contempt proceeding. Let a copy of this order be sent to the Principal Secretary, Department of Human Resources Development, Government of Bihar Patna immediately. (Mridula Mishra,J.) A.Kumar