HARI SHANKAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the State.

(2.) Petitioners seek quashing of Annexure-9 which is order dated 8.11.2010 passed by the District Teacher Employment Appellate Authority, Muzaffarpur by which appointment of the petitioners as Shiksha Mitra has been cancelled.

(3.) The petitioners claim to have been engaged as Shiksha Mitra on 30.5.2005, 5.1.2006 and 30.5.2006 respectively. Initially engagement was for 11 months which, for the petitioner no. 1, was extended further for 11 months vide Annexure-2 dated 30.5.2006. However, after expiry of 11 months period the State Government took a decision vide Annexure-5 to absorb the Panchayat Shiksha Mitra who were working at the relevant time as Panchayat Teacher when Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006 (hereinafter referred to as "the Rules 2006") were incorporated made effective from 1.7.2006. Eventually the petitioners were also engaged as Panchayat Teachers with effect from 1.7.2006 which was not challenged immediately thereafter before any authority. The petitioners engagement as Panchayat Shiksha Mitra was never challenged by any one. However, after about 1 1/2 years of their absorption as Panchayat Shikshak, one Surya Mani Sah filed a petition before the District Magistrate, Muzaffarpur alleging illegality and irregularity committed in the appointment of petitioners as Shiksha Mitra. The District Magistrate, Muzaffarpur vide order dated 23.5.2009 (Annexure-7) took a decision to cancel the petitioners' appointment as Shiksha Mitra and eventually their absorption as Panchayat Teachers. The aforesaid order passed by the District Magistrate was challenged by the petitioner Jai Shankar Das by filing C.W.J.C. No. 11668 of 2009 which was disposed of vide order dated 7.11.2009 as contained in Annexure-8, quashing the memo no. 2142 dated 23.5.2009 (Annexure-7), however, granting liberty to the District Magistrate, Muzaffarpur that, if so advised, he may refer the matter to the District Teachers employment Appellate Authority, Muzaffarpur for proper adjudication. It appears that the District Magistrate had referred the same to the appellate authority which has passed the impugned order as contained in Annexure-9.