Research › Search › Judgment

Patna High Court · body

2013 DIGILAW 1083 (PAT)

Manoranjan Kumar v. State of Bihar

2013-09-04

SHAILESH KUMAR SINHA

body2013
ORDER Heard learned counsels for petitioners and the State. Petitioners are aggrieved by order dated 15th April, 2010 passed in Appeal No. 49 of 2008-09 as contained in Annexure-1 whereby the appeal of the petitioners against cancellation of their appointment as Panchayat Teacher was dismissed. 2. Mr. Chintranjan Sinha, learned Senior counsel appearing for the petitioners submits that petitioners were admittedly selected as Panchayat Siksha Mitra in the year 2005 and thereafter on completion of tenure of eleven months their engagement was renewed and they continued as such till coming into force of the statutory rule, Primary Teachers (Employment and Terms & Conditions) Rules, 2006 and with effect from the appointed date of the aforesaid rule i.e. 01.07.2006 petitioners acquired the status of Panchayat Teacher. It is further contended that after coming into force of the aforesaid rule, there is no allegation of commission or omission on the part of petitioners as Panchayat Teacher, and as such, cancellation of their appointment on the alleged irregularity in the selection as Siksha Mitra could not be a ground for cancellation of the appointment of the petitioners as Panchayat Teacher. 3. Mr. Tej Bahadur Singh learned Additional Advocate General No.VII appearing for the State supports the impugned order. 4. Considering the submissions of the parties, it is not in dispute that the petitioners were absorbed as Panchayat Teacher on coming into force of the aforesaid statutory rule on 1.7.2006 for having worked as Shiksha Mitra on the aforesaid appointed date. The ground for cancellation of their appointment is not on account of any omission and commission on the part of the petitioners as Panchayat Teacher. In this view of the matter, in my opinion, the cancellation of the appointment of the petitioners as Panchayat Teacher cannot be sustained in law. Accordingly, the order dated 15th April, 2010 (Annexure-1) dismissing the appeal of the petitioners is set aside with respect to the petitioners as well as the order vide dated 03.04.2008 as contained in Annexure-6 also stands quashed. It goes without saying that on account of the aforesaid quashing, the concerned authority shall take appropriate follow-up action reinstating the petitioners on the posts of Panchayat Teacher. The writ application accordingly stands disposed of.