Umme Salmah v. Patna

.... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 29-08-2013 Heard learned Counsel for the parties. A prayer made in this writ application filed on

26.8.2013 for issuing a direction to the Respondents to implement the order dated 22.6.2009 of the District Teachers Employment Appellate Authority, Katihar (hereinafter referred to as ‘the Tribunal’) in case no. 705 of 2009 whereby and whereunder the petitioner has been held entitled for being appointed as Panchayat Shiksha Mitra/Panchayat Teacher while passing an order for removal of Respondent no. 10 on the ground of its being illegal.

This Court, however, on perusal of the said order Patna High Court CWJC No.16708 of 2013 (2) dt.29-08-2013 2 of the Tribunal would find that the petitioner virtually had raised an issue relating to her engagement on the post of Panchayat Shiksha Mitra which was itself beyond jurisdiction of the Tribunal, inasmuch as, the Tribunal when it was constituted in the year 2008 could have looked into the grievance relating to employment on post of Panchayat Teacher alone. Admittedly, the petitioner having been never engaged on the post of Panchayat Shiksha Mitra on or before 30.06.2006 could never be absorbed on the post of Panchayat Teacher in terms of Rule 20(iii) of Bihar Panchayat Teacher Appointment Rules, 2006 inasmuch as in terms of such Rule only working Panchayat Shiksha Mitra as on

1.7.2006 were deemed to have been absorbed on the post of Panchayat Teacher. In fact, such plea of the petitioner was also wholly belated because the case itself was filed by the petitioner in the year 2009 complaining the engagement of Shamim Akhtar (respondent no.10) on the post of Panchayat Shiksha Mitra on

26.2.2006.

This Court, however, would find that the complaint of the petitioner, so far it related to the illegal absorption of the Shamim Akhtar could be maintained but in no event the petitioner could have given the relief of being appointed on the post of Panchayat Shiksha Mitra, a post which ceased to be Patna High Court CWJC No.16708 of 2013 (2) dt.29-08-2013 3 in existence since 1.7.2006. There was of-course no question of the petitioner being absorbed on the post of Panchayat Teacher because she was not a 'Karyarat' Panchayat Shiksha Mitra in terms of Rule 20(iii) of the 2006 Rules as on 1.7.2006.

In view of the above this Court in exercise of its power under Article 226 of the Constitution of India cannot issue a direction for perpetuating an illegality by way of implementing the order of the Tribunal so far it relates to her being appointed as Panchayat Shiksha Mitra/Panchayat Teacher.