High Court Patna High Court - Orders

Ramdeo Das vs The State Of Bihar & Ors on 14 July, 2011

Patna High Court – Orders
Ramdeo Das vs The State Of Bihar & Ors on 14 July, 2011
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CWJC No.8489 of 2007
            Ramdeo Das, Son of Sri Bhudeo Das, resident of
            village Faga, P.S. Baunsi, District Banka
                                     ...              Petitioner
                                   Versus
            1. The State Of Bihar
            2. The Collector, Banka
            3. The District Superintendent of Education,
               Banka
            4. The Block Education Extension Officer, Bounsi
               Block, District Banka
            5. The    Headmaster,    Urdu    Primary    School,
               Ambatari, Saraiya, Bounsi, District Banka
            6. The Panchayat Secretary, Gram Panchayat, Faga
               Block Bounsi, District Banka
            7. The Mukhiya, Gram Panchayat Faga, Block
               Bounsi, District Banka
                                   ...               Respondents
                                -----------

2. 14.7.2011 This writ application involves the

basic issue as with regard to either

selection or continuance on the post of

Shiksha Mitra. Though the post of Shiksha

Mitra came to be abolished in the year 2006,

the petitioner has a grievance that had he

been selected/ continued on the post of

Shiksha Mitra he could have been absorbed as

a Panchayat Shikshak in view of the

provisions made under 2006 Act laying down

the norms of selection on the post of

Panchayat Shikshak/ Prakhand Shikshak.

                           As       a    matter        of    fact       for     such

               grievance       some       of    the    similarly         situated

               persons     had        moved      the     District        Teachers

               Appellate       Authority         constituted        under       2006
                               2




Act but then the concerned ‘Authority’ had

taken a view its jurisdiction was confined

to dealing only with the cases of Panchayat

Shikshak/ Prakhand Shikshak. This aspect of

the matter had accordingly received

attention of the State Government which by

way of clarification in its letter dated

14.5.2009 has held that even the disputes

relating to the post of Shiksha Mitra could

be adjudicated by the District Teachers

Appellate Authority.

Counsel for the petitioner in view

of the aforesaid subsequent development

seeks leave of this Court to withdraw his

writ application in order to enable the

petitioner to move before the concerned

District Teachers Appellate Authority.

That being so, this application is

permitted to be withdrawn with the

aforementioned liberty.

(Mihir Kumar Jha,J.)

Surendra/