IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2678 of 2009 Siyawati Kumari . Versus The State Of Bihar & Ors . ----------- 5 1.7.2011 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for a direction to the respondent authorities to pay her salary during the period from 7.8.2003 to 31.7.2004. Actually she has discharged her duty during the aforesaid period. Petitioner was appointed as Panchayat Shiksha Mitra on 26.2.2003 and she joined on 7.8.2003. Petitioner has worked as Panchayat Shiksha Mitra till 31.7.2004. Subsequently due to ill motive of respondent no.7, petitioner was removed and the son of respondent no.7 was appointed. This application has been filed by the petitioner for a direction to the respondents for making payment of salary (Honorarium ) for the period 7.8.2003 to 31.7.2004. In the counter affidavit filed on behalf of District Superintendent of Education, Banka- Respondent No.3, though notice was served on respondent Nos. 6 and 7, Mukhiya and Gram Panchayat but it was undelivered. In the counter 2 affidavit, it has been stated that in Sanpdahar Gram Panchayat nine Shiksha Mitra were appointed including the petitioner but only 7 Shiksha Mitra’s appointment were found legal. Two Shiksha Mitra’s appointments were not genuine and the petitioner was one of them. Petitioner’s salary has not been paid as her appointment was not legal. There is no statement in the counter affidavit that any termination order had been issued, after holding proper enquiry, giving proper opportunity to the petitioner to submit show cause. Statement in the counter affidavit can not be considered to be correct, as petitioner was never intimidated regarding cancellation of her appointment. Considering these facts the respondent District Superintendent of Education/Area Education Officer, Banka are directed to release necessary fund for making payment of Honorarium to the petitioner for the period 7.8.2003 to 31.7.2004, within a period of four weeks from the date of production of a copy of this order. A. Kumar ( Mridula Mishra, J.)