IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12975 of 2010 1. KUMARI USHA RAI D/O RABINDRA NATH RAI R/O VILL.+ P.O. -SARENJA,P.S.-RAJPUR,BLOCK-CHOUSA,DISTRICT- BUXAR. Versus 1. THE STATE OF BIHAR THROUGH DISTRICT MAGISTRATE,BUXAR. 2. DISTRICT MAGISTRATE,BUXAR. 3. DISTRICT EDUCATION OFFICER,BUXAR. 4. DISTRICT SUPERINTENDENT OF EDUCATION,BUXAR. 5. BLOCK DEVELOPMENT OFFICER (B.D.O.),BLOCK- CHAUSA,DISTRICT-BUXAR. 6. BLOCK EDUCATION EXTENSION OFFICER,BLOCK CHOUSA,DISTRICT - BUXAR. 7. DISTRICT TEACHERS EMPLOYMENT APPELATE AUTHORITY BUXAR. 8. SECRETARY GRAM PANCHAYAT SARENJA BLOCK- CHOUSA DISTRICT-BUXAR. 9. MUKHIA,GRAM PANCHAYAT ,SARENJA BLOCK - CHOUSA,DIST.-BUXAR. 10. ANAMIKA KUMARI D/O BABANLAL R/O VILL. + P.O.- SARENJA ,P.S.-RAJPUR,DIST.-BUXAR. ----------- 02. 05.04.2011 Impugned order is Annexure-14 dated 15.5.2010. By virtue of this order the District Teachers Employment Appellate Authority, Buxar has disposed of the application of the petitioner on the ground that since there is a bar on appointment on the post of Panchayat Shiksha Mitra after 1.7.2006, no direction can be given for appointment till that bar is lifted. Counsel for the petitioner thereafter submits that the issue of non-appointment of the petitioner has been pending before the authorities for a long time and in that circumstance her case ought not to have been summarily disposed of by the appellate authority. The appellate authority has reached the right 2 conclusion but has not been able to appreciate the basic facts that there is no ban on appointment on the post of Panchayat Shiksha Mitra after 1.7.2006, in the sense that the post itself stands abolished with effect from 1.7.2006 after coming into force the new Rule 2006. Since the post itself stands abolished there is no occasion for the appellate authority to pass any order for appointment of the petitioner whatever be the merit of her claim as she was never appointed on the post of Panchayat Shiksha Mitra at any point of time. To that extent the petitioner cannot claim appointment on a post which does not survive. No interference with the decision of the appellate authority is warranted. The writ application is dismissed in the above stated background. rkp ( Ajay Kumar Tripathi, J.)