IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16360 of 2008 MAHENDRA PRASAD & ORS Versus THE STATE OF BIHAR & ORS ----------- 2. 4.5.2009 Heard learned counsel for the petitioners and the State. The petitioners are aggrieved by the order dated 5.9.2008 passed by the Block Development Officer, Ariyari cancelling the appointment of the petitioners as Panchayat Teachers. It is submitted that earlier under the Rules (Rule- 18), the Block Development Officer was the statutory authority to deal with the issue of appointments of Panchayat Teachers. After the amendment of the rules in 2008 with effect from 25.8.2008 under Rule 2 of the same, the appellate authority was substituted in place of the Block Development Authority as the competent body to look into matters with regard to irregularity of appointment etc. of Panchayat Teachers. All matters pending before the Block Development Officer for decision stood transferred to the appellate authority. The Block Development Officer therefore had no jurisdiction in law to pass the impugned order on 5.9.2008 when his powers stood deprived with effect from 25.8.2008. Rule 2 of the amendment made on 25.8.2008 in sub Clause 3 provides that all pending matters before the Block Development Officer shall stand transferred to the appellate authority. From the present controversy it appears that the matter was pending before the Block Development Officer on the date that the appellate authority came into existence. This Court, therefore, considers it proper to set - 2 - aside the impugned order dated 5.9.2008 for the limited purpose of treating the present as a matter which stands transferred to the appellate authority for examination by him after hearing all concerned and making a fresh final pronouncement on the status of the petitioners. Let the same be done within the statutory time fixed under Rule 2 of the notification creating the authority to be computed from the date that the petitioner files his application before the authority. It is made clear that the setting aside of the order dated 5.9.2008 shall not result in the immediate benefit of reinstatement of the petitioners. In the facts and circumstances, to prevent creation of third party rights so that in the event of final success, the petitioners may not be prejudiced. Let no fresh regular appointments be made on the posts from which the petitioners have removed till the final adjudication of the matter. The present order shall be operative only if the petitioners prefer an appropriate application before the appellate authority within three weeks from the date of receipt of the present order. In the event of their failure to do so, the interim order as aforesaid shall cease to have effect. The writ application stands disposed off. P. Kumar (Navin Sinha, J.)