PINTU DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner was a Shiksha Mitra appointed in March, 2003 for successive three terms of 11 months each. He could not acquire the Intermediate degree before expiry of his term of 33 months on the post of Shiksha Mitra as per policy decision of the Government. The higher qualification of Intermediate was necessary for continuance on the post of Panchayat Shiksha Mitra and for subsequent absorption on the post of Panchayat Teacher under the Rules of 2006. The authorities discontinued the service of the petitioner obviously because he acquired Intermediate Degree in the year 2007 after the statutory rules had come into effect.

(3.) The relevant issue as to whether Shiksha Mitra, like the petitioner had a right to continue beyond the contract period of 33 months in absence of acquiring the required degree of Intermediate was considered by a Division Bench of this Court in the case of Kishori Prasad V/s. State of Bihar, 2008 2 PLJR 458. The Division Bench considered the policy decision of the Government and held that candidates having matriculation qualification and already engaged on the post of Panchayat Shiksha Mitra had only 33 months time to acquire the higher qualification and those who acquired the required qualification before expiry of 33 months from the date of engagement should be allowed to continue or shall be treated to have continued in employment as Shiksha Mitra for getting benefit of absorption on the post of Panchayat Teacher under the Rules of 2006.