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2009 DIGILAW 65 (PAT)

Sunita Kumari v. State Of Bihar

2009-01-19

MRIDULA MISHRA

body2009
JUDGEMENT 1. Petitioner was appointed as Prakhand Teacher in Bhagwanpur Block under the provisions of Primary Teachers (Appointment and Service Conditions) Rules 2006. Now she has been terminated from service by the impugned order dated 25.8.2008 issued by the Block Development Officer, Bhagwanpur for the reasons that she possesses Up-Shastri degree. The impugned order terminating the service of the petitioner was issued in the light of letter no. 4240 dated 15.11.2007 of Human Resources Department whereby the persons holding Up-Shastri degree are held to be not entitled for appointment as Primary Block Teacher. 2. Counsel for the petitioner has submitted that this Court in C.W.J.C. No. 2456 of 2008 and its analogous cases has held that contrary to 2006 rules on the basis of an executive instruction eligibility criteria for being appointed as Primary Teacher cannot be amended. In this decision it has also been held that the Government, if so inclined to alter/amend the rules that will be only from a prospective date. The Rule has been amended in August 2008. Petitioner was appointed much earlier under 2006 rules when no such rule was there fixing eligibility criteria regarding Up-Shastri degree. The effect of amended rules being prospective that cannot have any application in the present case. 3. Considering the submissions made by the petitioners counsel as well as the decision of this Court in C.W.J.C. No. 2456 of 2008 and its analogous cases the impugned order dated 25.8.2008 passed by the Block Education Extension Officer, Bhagwanpur Terminating the service of the petitioner as Block teacher is quashed. The respondents authorities are directed to reinstate the petitioner immediately on the post of Block Teacher with all consequential benefits. This application is allowed.