IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11524 of 2008 Meena Kumari wife of Awadhesh Kumar resident of village Mohiuddinpur, P.S. Ghoshi, District Jehanabad…………………………………………………………………..……Petitioner Versus 1. The State Of Bihar. 2. The Principal Secretary, Human Resources Department, Government of Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Magistrate, Jehanabad. 5. The District Superintendent of Education, Jehanabad. 6. The Block Education Extension Officer, Ghoshi, Jehanabad. 7. The Headmaster, Middle School, Mohiuddinpur Ghoshi, Jehanabad. 8. The Mukhiya Gram Panchayat Raj Ahiyasa, Ghoshi, Jehanabad. 9. The Panchayat Secretary, Gram Panchayat Raj Ahiyasa, Ghoshi, Jehanabad……………………Respondents -------------- 2 26.09.2011 I.A.No.6716 of 2011 Petitioner had filed the writ application for payment of her honorarium/salary. However, during the pendency of this writ application, by the order of the District Collector, Jehanabad dated 24.07.2008, her services stand terminated. Hence, through this I.A., the said order has been placed on record as Annexure-8 with a prayer to allow the petitioner to challenge the said order in this writ application. The interlocutory application is allowed. Petitioner is granted liberty to challenge the same. 2 Heard learned counsel for the petitioner as well as learned counsel for the State. Learned counsel for the petitioner has demonstrated from the order that in respect of other Panchayat Teachers, the District Collector had adopted different yardsticks for cancellation or approval of their appointment. He also submits that after 2006 Rules came into force, the District Collector has no authority to enquire into the appointment of Panchayat Teachers and pass orders in respect of validity of their appointments or otherwise. He submits that in the circumstances, the District Collector could not hold appointment of the petitioner, besides others, as Shiksha Mitra invalid and cancel the same. In spite of the writ application having been filed on 04.08.2008, no counter affidavit has been filed by the respondents. In the circumstances, the writ application is allowed. The order of the District Collector as contained in Annexure-8 so far as it relates to the petitioner is quashed. The respondents District 3 authorities, if they so desired, shall be at liberty to transmit all the records concerning the process of appointment adopted in the Panchayat at the relevant time to the statutory Appellate Authority constituted under the Rules for its consideration and disposal in accordance with law. Learned counsel for the petitioner submits that persons whose appointments have also been cancelled by the said order of the District Collector have been paid their arrear of salary. However, petitioner’s arrears of salary still remain due. In the circumstances, respondents are directed to pay all the arrears of honorarium/salary of the petitioner positively within two months from the date of receipt/production of a copy of this order. BT (J. N. Singh, J.)