ORDER 10.12.2010 — Heard learned counsel for the parties. As per the case of the writ petitioner, she was elected as Sarpanch of Mankadapada Gram Panchayat under Kaptipada Panchayat Samiti in the district of Mayurbhanja in the last election. Some of the villagers of Mankadapada G.P. made an allegation against the petitioner before the Collector, Mayurbhanja that she (petitioner) was disqualified to continue as Sarpanch since she was holding the office of profit, i.e., Gana Sikhayaka in Bhalubasa P.U.P. School. So, the Collector issued show cause notice to the petitioner. In response to which she filed her show cause. After hearing, the Collector held that since the petitioner was working as Gana Sikhayaka in the aforesaid school, which is an office of profit, and, accordingly, he disqualified her to continue as Sarpanch vide order dated 9.2.2010. Being dissatisfied with the said order, the Sarpanch has preferred the present writ petition. Learned counsel appearing for the petitioner submits that the post of Gana Sikhayaka is not an office of profit. He drew the attention of this Court to paragraph-4 of the resolution of the Government in the Department of School and Mass Education, wherein it has been stated that the engagement of Gana Sikhayakas would be made on the basis of annual contract, honorary and would be renewed by the Zilla Parishad through the Collector-cum-Chief Executive Officer of Zilla Parishad basing on the positive certificates given by the Village Education Committee about their attendance and performance in the school and submitted that since the post held by the petitioner is honorary one, the order of the Collector, on the very face of it is illegal, perverse, and, as such, the writ petition should be allowed. Learned Addl. Government Advocate, on the contrary, contends that the post of Gana Sikhayaka is an office of profit. In the appointment order of the petitioner, it has been specifically mentioned that “she is hereby engaged as Gana Sikhayaka in Bhalubasa PUPS School of Bad Bisol G.P. of Kaptipada Block for a period as mentioned in the agreement, i.e., from dated of agreement till completion of one year on a monthly remuneration of Rs.1750/- and Rs.2,000/- (untrained and trained respectively subject to the terms and conditions stipulated therein”. According to learned Addl. According to learned Addl. Government Advocate, the petitioner holds a permanent post and since she has been appointed on a monthly remuneration of Rs.1750/-, the Collector has rightly held that she holds an office of profit. As stated earlier, it is found from the resolution of the Government in the Department of School and Mass Education that the post held by the petitioner is honorary one. Under such circumstances, even if the petitioner gets a monthly remuneration of Rs.1750/-, still then, it cannot be said that she holds an office of profit, and, as such, the impugned order dated 9.2.2010 vide Annexure-1 is set aside and the writ petition is allowed. No cost. Urgent certified copy of this order be granted as per rules. Misc. Case Nos. 3653 & 7066 of 2010 10.12.2010 In view of disposal of the writ petition, the Misc. Cases stand disposed of. Petition allowed.