RAM NARAYAN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, invoking writ jurisdiction of this Court under Article 226 of the Constitution Of India, has prayed for quashing of an order dated: 22.07.2016 passed by Panchayat Secretary, Lakshminia Panchayat, Madhubani. By the said order the Panchayat Secretary /respondent no. 4 in terms of the judgment dated- 11.05.2016 passed in C.W.J.C. No. 16031 of 2011 has rejected the claim of the petitioner on the ground that there was no post reserved for physically handicapped, the petitioner was having lesser marks and also he did not participate in the counselling.

(2.) The petitioner has claimed that he had passed Intermediate Examination in the year 2002 from Bihar Intermediate Council and through registered letter dated 10.11.2008 he applied for being appointed as Panchayat Teacher, Lakshaminia Panchayat. It was asserted that the petitioner was physically handicapped person and his disablement was to the extent of 50%. He claimed that he participated in the counselling and submitted all the papers, however he was not given employment and thereafter he had filed application before the Appellate Authority under Rule 18 of the Bihar Panchayat Elementary Teacher (Appointment and Service Conditions) Rules, 2006 which was disposed of on 25.03.2011 vide Annexure 4 to the writ petition. It was directed by the Appellate Authority that Panchayat Secretary of Lakshminia Panchayat under Prakhand- Ladania (i.e. employment unit) on the basis of petitioner's position in the merit list and counselling shall examine the claim of the petitioner within specified time.

(3.) It has been argued by Sri Ram Suresh Roy, learned senior counsel, assisted by Sri Binod Kumar Singh, learned counsel for the petitioner that since after order of the Appellate Authority no action was taken the petitioner was earlier constrained to approach this court by filing writ petition vide C.W.J.C. No. 16031 of 2011 ( Annexure- 9 to the writ petition ) which stood disposed of on 11.05.2016 and direction was given to respondent no. 4/ Panchayat Secretary to take decision in compliance with the order of the Appellate Authority within specified time. In terms of the order of the writ court the petitioner filed representation and finally by the impugned order i.e. Annexure- 10 the claim of the petitioner has been rejected. It has been argued that Panchayat Secretary again reiterated its earlier order.