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2011 DIGILAW 1035 (PAT)

Anjay Kumar Rai v. State Of Bihar,Commissioner Cum-secretary,Director, Primary Education,Collector, Samastipur,District Superintendent Of Education,Deputy Development Commissioner,Block Education Extension Officer,B. D. O. , Mohaddin Nagar,Krishnakant Chaudhary

2011-05-13

AKHILESH CHANDRA, T.MEENA KUMARI

body2011
JUDGEMENT T.MeenaKumari and Akhilesh Chandra JJ. 1. The present Letters Patent Appeal was filed against the & order dated 12th February, 2008 passed by the learned single Judge in C.W.J.C.No. 1121 of 2008 filed by the appellant herein seeking re- engagement for 3rd term. However, the learned single Judge has dismissed the writ petition on the ground that right to be appointed for the 3rd term as a Siksha Mitra was not automatic, but was subject to certain conditions. 2. Learned counsel appearing on behalf of appellant has argued before us that the only ground which has made the authorities not to re-engage the appellant for the 3rd term is that he was not Intermediate. However, the learned counsel submitted that the certified copy of the Intermediate supplied by the appellant is already available on the record and on that ground he has been engaged for the 2nd time. Learned counsel for the State submitted that the post of Shiksha Mitra has been abolished now and it has been converted to the post of Panchayat Shikshak. Having heard the parties, liberty is granted to the appellant herein to approach the District Magistrate, Samastipur within 3 weeks from the date of receipt of copy of this order and will produce the relevant certificate in original before him, who will look into the matter and will also call for the record and a report from the Mukhiya concerned to resolve the issue with prior intimation to the appellant. 3. The entire exercise should be completed by the District Magistrate within a period of 4 months from the date of receipt of the representation fled by the appellant. 4. With this observation, this L.P.A. is disposed of.