IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13755 of 2009 MANOJ PASWAN Versus THE STATE OF BIHAR & ORS ----------- For the petitioner:- Mr. Rajendra Prasad Singh, Sr. Advocate& Mr. Rajeev Kumar Singh,Advocate 2 19.1.2010 Heard Counsel for the petitioner and the Counsel appearing for the State. Petitioner’s prayer is for quashing of letter No. 1447/SSA dated 14.12.2007 issued by the District Superintendent of Education, Aurangabad as well as two consequential orders issued by the Block Education Extension Officer, Nabinagar contained in letter no.71 dated 24.12.2007 and the order contained in letter No.01 dated 1.1.2008 issued by the In-charge Headmaster of Middle School, Bela. On account of the three impugned orders, for quashing of which the petitioner has made the prayer in the writ application, service of the petitioner as Panchayat Teacher has been terminated. Further prayer of the petitioner is for a direction to make payment of his arrears of salary due since October 2007 till date after reinstatement on the post. Impugned orders had been challenged by the petitioner on the ground that they are illegal and without jurisdiction. The District Superintendent of 2 Education, Aurangabad, who has issued order contained in letter No. 1477/SSA dated 14.12.2007 has not been vested with such powers under Bihar Primary Panchayat Teachers (Appointment and Service Condition) Rules, 2006. Termination order with respect to a Panchayat Teacher. Under 2006 Rules, can be issued only by Block Development Officers under Rule 18. On the basis of an illegal order of District Superintendent of Education, a Consequential orders have been issued by the Block Education Extension Officer and In-charge Headmaster of school, as such they also suffer with illegality. Legality of the impugned order has also been challenged on the ground that only reason for termination is that at the time of initial appointment of the petitioner as Panchayat Shiksha Mitra, petitioner had less than 45% marks in Intermedidate. This issue has already been settled by earlier decision of the High Court and the State Government has also issued resolution, that this cannot be a ground for termination. The Human Resources Development Department, Government of Bihar, Patna has issued a circular that in case any one has been terminated on 3 this ground, should be reinstated with effect from the date of termination. In this circumstance, petitioner’s termination has been made on the ground that it is non-existent. Accordingly, the impugned orders contained in letter No. 1447/SSA dated 14.12.2007 (Annexure- 1), order contained in letter No.71 dated 24.12.2007 (Annexure-2) and order contained in letter No. 01 dated 1.1.2008(Annexure-3) are quashed. This application is allowed. The respondents are directed to reinstate the petitioner with effect from the date of his termination with all consequential benefits. His salary due since October, 2007 till date should be paid within three weeks from the date of production/communication of this order. It goes without saying that after his reinstatement, Petitioner will be entitled for current salary. (Mridula Mishra,J.) A.kumar