IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1760 of 2010 1. RABINDRA KUMAR RAY S/O JAI SHANKAR PRASAD RAY R/O VILL KHOCHARIHAN,P.S.DHANSOI,DISTT-BUXAR 2. KAMLESH KUMAR @ KAMLESH KUMAR RAM S/O SRI MISHRI RAM R/O VILL KARMA,P.S.DHANSOI,DISTT-BUXAR 3. AJAY KUMAR VIDYARTHI S/O SRI BUDHAN SAHU R/O VILL KHOCHARIHAN,P.S.DHANSOI,DISTT-BUXAR 4. MEENA KUMARI @ MEENA DEVI W/O YOGENDRA KUMAR GUPTA R/O VILL KARMA,P.S.DHANSOI,DISTT-BUXAR 5. SANJU VERMA W/O SRI ABHIRANJAN SINGH R/O VILL KARMA, P.S.DHANSOI,DISTT-BUXAR 6. RAM RATI DEVI W/O SRI BIRENDRA SINGH R/O VILL ATARWALIA,P.S.DHANSOI, DISTT-BUXAR. VERSUS 1. THE STATE OF BIHAR ,THROUGH THE COMMISSIONER CUM SECRETARY, HUMAN RESOURCES DEPARTMENT BIHAR,AT PATNA 2. DIRECTOR PRIMARY EDUCATION BIHAR AT PATNA 3. THE DISTRICT MAGISTRATE null BUXAR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION null BUXAR 5. THE MEMBER , DISTRICT TEACHER EMPLOHMENT APPELLATE TRIBUNAL null BUXAR 6. BLOCK DEVELOPMENT OFFICER null RAJPUR, BUXAR 7. BLOCK EDUCATION EXTENSION OFFICE null RAJPUR, BUXAR 8. MUKHIA, GRAM PANCHAYAT RAJ null DULFA, P.S.RAJPUR,DISTT-BUXAR 9. PANCHYAT SECRETARY, CUM PANCHYAT SEWAK DULFA PANCHYAT, P.S.RAJPUR, DISTT-BUXAR 10. RAMBHA KUMARI D/O ADITYA NARAIN ROY , W/O RAVI KANT SINGH R/O VILL MOHARIAN, P.O.KHOCHARIHA, P.S.DHANSOI,DISTT-BUXAR. ----------- 02 20.08.2010 The petitioners have challenged the order of the Member District Teacher Employment Appellate Tribunal, Buxar passed in Appeal No.140 of 2009 dated 26.11.2009. By the said order, on an application filed by one Rambha Kumari, the appointment of petitioners and several others have been set aside. It is to be noted that the Tribunal entertained the complaint in the year 2009 in regard to - 2 - appointment that was made as Shiksha Mitra in the year 2005, but the said appointment was contractual and for a period of 11 months. There it was provided that anyone who was aggrieved by the selection process had a right to file statutory appeal before the Block Development Officer within 30 days. No such step was taken when the post of Shiksha Mitra was abolished in the year 2006 and working Shiksha Mitras were absorbed as Panchayat Teacher. Rambha Kumari started raising the grievance before different authorities. Here again, it may be noted that by virtue of Rule-18 of the Bihar Primary Panchayat Teachers (Appointment and Service Conditions) Rules, 2006 any complaint had to be made to the Block Development Officer concerned within a period of 30 days, again this forum was not available. In the year 2009, the complaint was made to the Tribunal, which was a substitute to the Block Development Officer by virtue of amendment of Rule-18 in the year 2008/09. The petitioners being made a party to the proceedings. Petitioners’ appointment has been cancelled and orders issued to terminate the petitioners’ services after 5 years of employment. Petitioners state that in view of the aforesaid fact, the Tribunal has no jurisdiction to entertain the complaint after such a long delay and further the order passed by the Tribunal is void ab initio being in violation - 3 - of principles of natural justice. Having considered the matter, in view of the judgment of this Court in the case of Alok Kumar & ors Vs. The State of Bihar & ors. since reported in 2009(2) PLJR 929, the order of the Tribunal cannot be sustained, apart from being banned grounds entertained beyond time and in violation of principles of natural justice. Thus, the writ petition is allowed. The impugned order dated 26.11.2009 passed by the Member District Teacher Employment Appellate Tribunal, Buxar passed in Appeal No.140 of 2009 is quashed. The petitioners would be deemed to be in service with all consequential benefits. Trivedi (Navaniti Prasad Singh, J.)