IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7082 of 2009 1. RAM PRATAP PASWAN, SON OF SHRI DUKHI PRASAD PASWAN, RESIDENT OF VILLAGE- SANCHIPUR, P.O.-PACHOKHAR, P.S. ANDAR, DISTRICT-SIWAN. 2. BIRENDRA KUMAR SINGH SON OF LATE DINA NATH SINGH, RESIDENT OF VILLAGE- SAHDULEPUR, P.O. PRATAPPUR, P.S. HUSSAINAGANJ, DISTRICT-SIWAN. …….. ………… PETITIONERS. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Siwan. 3. The Commissioner & Secretary, Human Resources Development Department, Govt of Bihar, Patna-800015 4. The Director, Education, Patna. 5. The District Education Officer, Patna. 6. The District Superintendent of Education-cum-District Programme Co-ordinator Sarva Siksha Abhiyan, Siwan. 7. The Sub Divisional Education Officer, Siwan. 8. The Block Development Officer , Andar Block, Siwan. 9. The Mukhiya, Majhwalia Gram Panchayat, Andar Block, Siwan. 10. The Panchayat Secretary, Gram Panchayat, Andar Block, Siwan. 11. The Block Education Extension Officer, Andar Block, Siwan. ……….. ……….. Respondents. ----------- 2. 30.06.2009 Heard learned counsel for the petitioners and the counsel appearing for the state. This application has been filed by the petitioners for a direction to the respondents to make payment of salary for the period the petitioners worked on the post of Primary teachers. Petitioners were appointed as primary teachers under the scheme of Sarva Shiksha Abhiyan sponsored by Government of India, on 30.11.2006 and 04.12.2006 2 respectively. Petitioners’ case is that earlier the Block Development Officer, Andar Block, Siwan illegally cancelled their appointments without notice, on the direction of the District Magistrate, Siwan. The order of termination was challenged by filing C.W.J.C. No. 7135 of 2007 and C.W.J.C. No. 7435 of 2007. The order of termination dated 12.04.2007 was set aside for the limited purpose. There was no direction for automatic reinstatement of the petitioners. The respondents were directed to take fresh decision on the alleged illegal appointment of the petitioners and pass a reasoned and speaking order, after giving an opportunity to the petitioners. The District Magistrate, Siwan was directed to pass a reasoned and speaking order within a period of sixteen weeks. Petitioners’ case is that till date, respondent No. 2 has not taken any decision but petitioners are not being paid their salary. Considering the earlier order passed in the earlier writ petitions, it is apparent that the petitioners have not been reinstated even after disposal of the writ applications as there was no such direction to the respondents. However, the petitioners have annexed a letter issued by the Block Education Extension Officer, Siwan (Annexure-4), in support of their contention that they are still discharging their duties. Without going into merit of the case, this matter is being disposed of. The District Magistrate, Siwan (respondent 3 No. 2) is not a competent authority to pass any order with regard to appointment or cancellation of appointment as provided under rule 9(ii)([k) of Bihar Panchayat Elementary Teachers (Appointment & Service Conditions) Rule, 2006. The Mukhiya, Majhwalia Gram Panchayat and the Panchayat Secretary, Majhwalia Gram Panchayat are directed to look into the matter and make payment of salary to the petitioners for the period, they have actually worked. The respondents are directed to take a decision in the matter of appointment also. The order be passed by the competent authority under the rules. akv/ ( Mridula Mishra, J )