INDU DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel appearing for the State.

(2.) PETITIONER has been terminated from service by order dated 11.2.2009 issued by the Block Education Extension Officer, Jandaha with retrospective effect, since she has not acquired the degree of Intermediate examination within 33 months of her first engagement as Panchayat Shiksha Mitra in compliance of Circular No. 2517 dated 4.7.2008. Further prayer of the petitioner is for quashing part of Circular dated 4.7.2008 whereby criteria for acquiring Intermediate qualification within 33 months of first engagement has been fixed. PETITIONER has also prayed for a direction to the respondents to reinstate her with all consequential benefits.

(3.) ON consideration of the statements made by counsel for the parties and their pleadings, I find that the Division Bench has passed order in LPA No. 940/07*, in absence of counsel for the appellant, Government Circular dated 21.4.2005 was relied on for holding that within 33 months' time Panchayat Shiksha Mitra should obtain intermediate degree, but in fact in the said Government Circular there is no such provision. Petitioner took up equivalent to Intermediate course in the sessions 2003-05, which could have completed prior to 6.2.2006, if the examination would have been held in time. The Government Circular dated 4.7.2008 being an executive order, should not have been made retrospective, since it is will settled that no executive order, direction can be made effective retrospectively.