MD ASHRAF ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Rashid Izhar, learned counsel for the petitioner and learned AC to GP No. 14.

(2.) The petitioner invoking writ jurisdiction of this court under Article 226 of the Constitution of India had initially approached this court due to the reason that the respondent no. 4 /Block Education Extension Officer, Dumaria, Sherghati, district - Gaya had stopped the salary of the petitioner since the month of January and also for direction to the respondents to release the salary.

(3.) It is the case of the petitioner that in the year 2003 he was appointed as Shiksha Mitra on contractual basis for eleven months and thereafter from time to time his contractual appointment was renewed and finally after the enactment of Bihar Panchayat Primary Teacher (Appointment And Services Conditions) Rules 2006 (hereinafter referred to as the "Rule 2006") in view of the provisions contained in the Rule 2006, since on the cut- off date the petitioner was continuing as Shiksha Mitra, his status was changed as Panchayat Teacher. Thereafter regularly he was discharging his duty as Panchayat Teacher and he was also made In-charge Headmaster of the Chonha Madhya Vidyalaya Chonha (Dumaria). It has been claimed that while the petitioner was discharging his duty as In-charge Headmaster diligently, suddenly without any notice to the petitioner and without any explanation the respondent no. 4 stopped salary of the petitioner and thereafter the petitioner approached this court by filing the present writ petition. In this case by filing an interlocutory application vide I.A. No. 5253 of 2011 the petitioner prayed for an interim order and thereafter by a detailed order i.e. order dated 12.9.2011 a bench of this court passed stay order. It would be appropriate to quote the order dated 12.9.2011 hereinbelow:-