IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9688 of 2008 Anil Kumar, son of Lakhan Das, resident of Village – Post Aura, P.S. Hasanpur, Block & Anchal Hasanpur, District Samastiur, Bihar…………………………………………………………….…….Petitioner Versus 1. The State Of Bihar through the Commissioner - cum - Special Secretary, Department of Primary and Adult Education, Government of Bihar, New Secretariat, Baily Road, Patna. 2. The Director, Primary Education, Government of Bihar, Patna. 3. District Magistrate-Cum-Collector-Cum- District Officer, Samastipur. 4. District Education Officer, Samastipur. 5. District Superintendent of Education, Samastipur. 6. Sri Bimlendu Dev, Block Education Extension Officer, Block – Hasanpur, District Samastipur. 7. Ramchandra Yadav, Former Mukhiya of Gram Panchayat, Paridah, Block & Anchal Hasnapur, District Samastipur. 8. Smt. Manju Devi at present Mukhiya of Gram Panchayat Paridah, Block & Anchal Hasnapur, District Samastipur. 9. Sri Balraj Sahani, the Panchayat Secretary of Gram Panchayat Paridah, Block & Anchal Hasnapur, District Samastipur…………………………………………………….Respondents ---------------------------------- 3 05.09.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. From Annexure-2 it appears that petitioner was appointed as Shiksha Mitra under the Gram Panchayat, Paridah on 24.02.2006. It is contended that after Rules came into force, he became Panchayat Teacher. It is submitted that petitioner 2 has continued as such in the school since then but he has not been paid his honorarium and thereafter salary by the Headmaster of the school. In this regard petitioner has filed representation before different authorities but so far no action has been taken by them. In respect of any matter connected with employment of Panchayat Teacher, statutory Appellate Authority has been constituted under Rule 18 of the Rules as amended in 2008. Hence, the writ application is disposed of with liberty to the petitioner to move the Appellate Authority within one month from today. If he does so, the Appellate Authority shall call for a report from the concerned school and other authorities of the Gram Panchayat with regard to actual functioning of the petitioner in the school after appointment, issue notice to the concerned parties, Headmaster and other authorities of the Panchayat giving them opportunity to be heard and shall decide the matter in accordance with law on merits and if on the basis of the records, the Authority finds 3 that the petitioner is actually continuing in the school, it shall pass appropriate orders in accordance with law for payment of his admitted honorarium / salary positively within two months from the date of filing appeal/representation by the petitioner before it. BT (J. N. Singh, J.)