REKHA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals arise out of a common judgement dated 5.2.2018 by a learned Single Judge whereby C.W.J.C. No. 10755 of 2010, filed by the appellant Rekha Kumari, has been dismissed and C.W.J.C. No. 8439 of 2011, filed by the respondent Rajendra Kumar Paswan, has been allowed quashing the order dated 20th July, 2009, passed by the Block Development Officer, Pakribarawan, District Nawada, whereby the claim of Rekha Kumari that she was the validly appointed Panchayat Shiksha Mitra was accepted and the appointment of the respondent Rajendra Kumar Paswan as Panchayat Shiksha Mitra and then his consequential continuance as Panchayat Teacher had been held to be invalid.

(2.) The dispute, in short, is as to whose appointment amongst the two as Panchayat Shiksha Mitra in Gram Panchayat Ukaura was valid so as to allow it to be treated to have been absorbed on the post of Panchayat Teacher. The dispute, therefore, is in two parts; one, as to the validity of the appointment as Panchayat Shiksha Mitra which is being claimed by the appellant and the contesting respondent, and the second part is the absorption as Panchayat Teacher being consequential on the basis of valid continuance as Panchayat Shiksha Mitra.

(3.) The order dated 20th July, 2009 was passed by the Block Development Officer, that was challenged by the respondent in C.W.J.C. No. 8439 of 2011, but prior to that the appellant had filed C.W.J.C. No. 10755 of 2010 praying for a mandamus for payment of salary in terms of the very same order dated 20th July, 2009. Both the writ petitions were clubbed together and finally disposed off by the impugned judgement dated 05.02.2018. Thus, two appeals have been filed by the appellant, one against the judgement allowing the writ petition of the respondent and the other challenging the same judgement whereby her writ petition had been dismissed.