IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1029 of 2009 Santosh Kumar son of Upendra Sharma, resident of Village- Sarai Dhanesh, P. O.- Sahdei Buzurg, P.S.- Desari (Sahdai O.P.), District- Vaishali. …. Petitioner.. Appellant. Versus 1. The State Of Bihar, through its Secretary, Human Resources Department, Bihar, Patna. 2. The Director, Primary Education, Bihar, Patna. 3. The Deputy Development Commissioner, Vaishali at Hajipur. 4. The District Magistrate, Vaishali at Hajipur. 5. The District Superintendent of Education, Vaishali at Hajipur. 6. The Block Development Officer, Sahadai Block, District- Vaishali. 7. The Block Education Extension Officer, Sahadai Block, District- Vaishali. 8. The Panchayat Secretary, Gram Panchayat Raj Sahadai Buzurg, District Vaishali. 9. The Mukhia, Gram Panchayat Raj Sahadai Buzurg District Vaishali. … Respondents… Respondents. . ----------- For the appellant … Mr. Sunil Kumar, Adv. For the respondent … Mr. Bibhakr Tiwari, Adv. 2. 11.02.2010 Heard Mr. Sunil Kumar, learned counsel for the appellant and Mr. Bibhakar Tiwari, learned counsel for the State. Questioning the soundness of the order dated 8.7.2009 passed by learned single Judge in CWJC No. 7535 of 2009, the present intra-court appeal has been preferred. On a perusal of the order of learned single Judge, it is manifest that she has declined to interfere on 2 the ground that the appellant was not working as Panchayat Shiksha Mitra by the time the Bihar Primary Teachers (Appointment and Service Conditions) Rules, 2006 came into force and hence, he was not entitled to be absorbed. Be it noted, the appellant, as is apparent from the documents brought on record, was given periodical appointment but he did not continue by the time the Rules came into force. Rules protect the persons who were continuing in service as on 1.7.2006. In view of the aforesaid, the protective umbrella provided under the Rules does not come into aid of the appellant and, therefore, we cannot differ with the view expressed by the learned single Judge. In the result, the appeal, being devoid of any merits, stands dismissed without any order as to costs. kanchan (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)