IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2758 of 2009 TRIPURARI CHOUDHARY & ORS Versus THE STATE OF BIHAR & ORS ----------- 3. 05.10.2009 Heard the counsel for the petitioners and the counsel appearing for the state. Petitioners have prayed for quashing the order contained in Memo No. 859 dated 08.04.2008 whereby the District Magistrate, Bhagalpur had directed to stop payment of salary to the petitioners till completion of inquiry. Petitioner’s further prayer is for a direction to make payment of arrears as well as current salary. Petitioners were initially appointed as Panchayat Shikcha Mitras and subsequently, after coming into force of Primary Teachers (Appointment & Service Conditions) Rules, 2006, were absorbed on the post of Panchayat teachers. After their absorption as Panchayat Teachers, some objections were filed before the District Magistrate, Bhagalpur by some persons, who earlier had not accepted appointment as Shikcha Mitras. Receiving such complaints, the District Magistrate, Bhagalpur directed for not making payment of salary to the petitioners. The District Magistrate, also directed the District Superintendent of Education to hold an inquiry in the matters of appointment, specially relating to observation of reservation roaster. Counsel for the petitioners submits that District Superintendent of Education, thereafter, conducted an inquiry and 2 it was found that the objections which were raised, had no substance. The District Superintendent of Education, also found that the earlier selected candidates did not accept the appointment as Shikcha Mitras due to less amount of salary. They earlier did not raise any objection till coming into force of 2006 rules, whereafter, the salary of Rs 4000/- was prescribed to the confirmed Panchayat Shikcha Mitras on the post of Panchayat teachers. The inquiry report of the District Superintendent of Education recommended for release of unpaid salary to the petitioners and also for payment of regular salary to the petitioners working on the post. Counsel for the petitioners submits that there is no reason for not making the payment of salary to the petitioners who are working on the post. It has also been stated that the District Magistrate had no jurisdiction for directing to stop payment of salary after coming into force of 2006 rules as under the rules Block Development Officer was the only competent authority to deal with such matters and pass necessary orders. Considering the facts and circumstances of the case, the order contained in Memo No. 859 dated 08.04.2008 issued under the signature of District Magistrate, Bhagalpur is quashed holding it to be illegal and without jurisdiction. In the light of the inquiry report submitted by the District Superintendent of Education, there is no existing reason for not making payment of salary to the petitioners. Accordingly, this writ application is allowed directing the 3 District Superintendent of Education, Bhagalpur and the Mujkhiya and Panchayat Secretary, Marwa (West) to make payment of arrears as well as current salary to the petitioners within four weeks from the date of production/communication of the order. Copy of the order be handed over to the G.P.-7. AKV/ (Mridula Mishra, J.)