Sangita Kumari v. Secretary, Human Resources Development

.... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. V.K.Singh, Advocate For the State : Mr. Sunil Kumar Mandal, SC 24 Mr. Arjun Prasad, AC to SC 24 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 5 04-10-2012 Heard learned counsel for the petitioner and the State. Through this writ application the petitioner seeks payment of her honorarium as Shiksha Mitra from January 2006 and, thereafter, her deemed designation as Panchayat Teacher after implementation of the Bihar Panchayat Prarambhik Shikshak (Niyojan and Seva Shart) Niyamawali, 2006 that came into force on 01.07.2006. After coming into force on 01.07.2006, it is urged Patna High Court CWJC No.12598 of 2010 (5) dt.04-10-2012 2 that she would be entitled for fixed salary which is being given to the Panchayat Teachers, but the same has also not been given to her till date. Counter affidavit has been filed on behalf of the respondent no. 5 questioning the initial appointment of the petitioner as it was reported that the petitioner had secured only

39.22 % marks in Intermediate Examination and as such she was not entitled for appointment. However, learned counsel for the petitioner submits that by subsequent notification that criterion has been relaxed and a decision has been taken by the State Government that in view of the non-availability of the female candidate having 45% marks in Intermediate Examination, matriculate candidate can also be appointed. It is not in dispute that the petitioner was initially appointed as Shiksha Mitra and it is also not in dispute that the petitioner is working as a Panchayat Teacher till date as learned counsel for the State has informed this Court upon instruction. Thus, it is held that the State cannot take a stand that it will not pay salary to the petitioner as her initial appointment as Shiksha Mitra was not made in accordance with the Rules and at the same time it would take work from her. Patna High Court CWJC No.12598 of 2010 (5) dt.04-10-2012 3 In above view of the matter, in the opinion of this Court, the petitioner cannot be deprived of her honorarium as Shiksha Mitra as well as for the worked period as Panchayat Teacher in absence of any action taken against her or her services having been terminated or removed. Accordingly, the respondent authorities are directed to make payment of arrear of salary as well as current salary to the petitioner within two months from the date of receipt/production of a certified copy of this order. However, this order would not come in the way of the competent authority, taking any step questioning appointment of the petitioner in a proper proceeding in accordance with law or as per the statutory Rules, if it is permissible at this stage. This disposes of the writ application. (Dr. Ravi Ranjan, J) SC/-