LAWS(PAT)-2009-7-75

MD.UNUSH SON OF LATE ABDUL AZIZ Vs. STATE OF BIHAR THROUGH THE COMMISSIONER-CUM- SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA

Decided On July 21, 2009
Md.Unush Son Of Late Abdul Aziz Appellant
V/S
State Of Bihar Through The Commissioner -Cum - Secretary, Human Resources Development Department, Bihar, Patna Respondents

JUDGEMENT

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

(2.) PETITIONER has filed this application for quashing the order dated 14.2.2008 passed by the Collector, Gopalganj whereby the appointment of the petitioner on the post of Panchayat Shikcha Mitra in Gram Panchayat Raj, Sisai has been held illegal and ail consequential benetits which the petitioner got on the basis of appointment has also been held illegal. The Mukhiya of the Gram Panchayat Raj, Sisai, Block - Bhorey has been directed to cancel petitioner 'sappointment. In the writ application, it has been stated by the petitioner that the consequential orders issued by the Mukhiya of Gram Panchayat Raj, Sisai has not been communicated to the petitioner till today but he has been stopped from working on the post of teacher. Petitioner 'scase is that he was appointed on the post of Panchayat Shikcha Mitra on 25.5.2004 and gave his joining on 26.5.04 in Rajkiya Prathmik Vidyalaya, Sisai (Uttar Tola). He continued on this post for 11 months period which is the fixed period of engagement, on the post of Panchayat Shikcha Mitra. One Binod Mishra filed a complaint before the District Magistrate, Gopalganj against the appointment of petitioner on the post of Panchayat Shikcha Mitra which was dismissed. Subsequently, Binod Mishra filed writ application. Petitioner 'scase is that Binod Mishra did not implead the petitioner as party in the Miscellaneous Case which was filed before the Collector and in the writ application. The writ application filed by Binod Mishra alongwith several similar matters were heard analogous and disposed of giving direction to the concern District Magistrate to examine the matter and pass order in accordance with law.

(3.) COUNSEL for the petitioner submits that the petitioner after expiry of first period of 11 months engagement as Panchayat Shikcha Mitra was re -engaged on two more occasions while his third engagement was still continuing, the State Government enacted Bihar Panchayat Teacher (Appointment and Service Condition) Rules. 2006 which became effective on 1.7.2006. Rule 20 of this Rule is a saving and deeming clause. Under this provision, all such Panchayat Shikcha Mitras who were working on the post on the appointed date were deemed to be absorbed on the post of Panchayat Teacher. Under this provision, the petitioner was also absorbed on the post of Panchayat Teacher. His service book has been opened and he is working on the sanctioned post as a Govt. employee. In the light of the direction issued in the writ application filed by the Binod Mishra, the District Magistrate, Gopalganj conducted an inquiry. In this inquiry, the petitioner was not impleaded as party. He was not noticed or given any opportunity to defend his case behind the back of the petitioner, impugned order was passed.