IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 1387 of 2010 1. WAKAR AALAM ANSARI @ WAQAR ALAM ANSARI S/O MOHD. IDRIS ANSARI R/O VILL.- AFAUR, P.O. AFAUR, P.S.- KHAIRA, DISTT.- SARAN Versus 1. THE STATE OF BIHAR 2. THE DISTRICT TEACHERS APPOINTMENT APPELLATE AUTHORITY SARAN AT CHAPRA 3. BLOCK DEVELOPMENT OFFICER MARHAURA, DISTT.- SARAN 4. BLOCK EDUCATION EXTENSION OFFICER MARHAURA 5. MUKHIYA, GRAM PANCHAYAT RAJ, MADHOPUR P.S.- MARHAURA, DISTT.- SARAN 6. PANCHAYAT SEWAK/ SACHIV GRAM PANCHAYAT MADHOPUR, P.S.- MARHAURA, DISTT.- SARAN ----------- 2 29.06.2010 The petitioner had applied for the Post of Panchayat Teacher. For the Panchayat Samiti in question, about 8 Panchayat Teachers had to be appointed. 14 persons, as per merit, were selected for interview but letters were issued only to 10 and appointment was made only for 4 posts. Then for further 4 posts, 8 persons were called. As would be apparent from the order of the Tribunal, the appointment, though out to have been made in a single transaction, was made in a piece by piece manner allegedly without following roster. It is in this transaction, petitioner got the employment. The Tribunal has set aside not only petitioner’s appointment but appointment of all other persons selected in those transactions holding that the process, as adopted, was not correct and legal. Petitioner, who was working for over three years, is suddenly thrown out. He challenges the decision that it is not pointed out by the Tribunal that anyone less meritorious has been appointed. Having perused the order of the Tribunal, in my view, the Tribunal has set aside the selection process not on grounds of less meritorious persons being appointed but on the ground that the selection process, as adopted, was 2 not legal and transparent. In my view, this does not call for interference. Petitioner must face selection process once again. However, petitioner has yet another grievance. His grievance is that till he was terminated pursuant to order of Tribunal, he was in service and, accordingly, is liable to be paid his remuneration from January, 2008 to 15.07.2009. This the petitioner is in fact entitled and I, accordingly, direct the Panchayat concerned to ensure payment of wages to the petitioner for the aforesaid period within three months from today and the Panchayat Samiti should reconduct the recruitment process in accordance with law. With these observations and directions, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)