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Patna High CourtCWJC/4044/2015dismissed

Amit Kumar v. The State Of Bihar And ORS

2015-03-24Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4044 of 2015 =========================================================== Amit Kumar, Son of Sri Rajendra Prasad Choudhary, resident of Village- Marba, P.S.- Bihpur, District- Bhagalpur.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Primary and Adult Education Govt. of Bihar, Patna.

2. District Magistrate, Bhagalpur.

3. District Superintendent of Education, Bhagalpur.

4. Area Education Officer, Naugachhia, District- Bhagalpur.

5. Block Development Officer, Bihpur, District- Bhagalpur.

6. Block Education Extension Officer, District- Bhagalpur.

7. Mukhia, Gram Panchayat Marba West , P.O. - Marba, Block- Bihpur, DistrictBhagalpur.

8. Panchayat Secretary, Gram Panchayat Marba West , P.O.- Marba, Block- Bihpur, District- Bhagalpur.

.... .... Respondent =========================================================== Appearance :

For the Petitioner/s : Mr. Prabhakar Kumar, Adv. For the Respondent/s : Mr. Jai Shankar Barnwal, G.A.-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 24-03-2015 Petitioner is a claimant to the post of a Panchayat Siksha Mitra because he was illegally removed by the Panchayat at the relevant time.

Much has happened since the removal of the petitioner. A rule came into place by virtue of which only such persons, who are holding the post of Panchayat Siksha Mitra became Panchayat Teachers by a deeming fiction effective 01.07.2006. No post of Panchayat Siksha Mitra exists thereafter.

Since the claims of the petitioner and the dispute related

Patna High Court CWJC No.4044 of 2015 dt.24-03-2015 2/2 to the period when he was engaged and removed as a Panchayat Siksha Mitra no such issue can be raised, now. No direction or interference with the impugned order contained in Annexure-7 is required to be made.

Writ is dismissed.

(Ajay Kumar Tripathi, J.) Vats/- U