Patna High CourtL.P.A/150/2015dismissed

Ganesh Ram v. The State Of Bihar And ORS

2017-06-19Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.150 of 2015 IN Civil Writ Jurisdiction Case No. 1967 of 2014 ============================================ Ganesh Ram s/o- Sindhu Ram, R/o vill- Bindhya, P.O.- Amarayee Nawada, P.S.- Bihiya, Distt.- Bhojpur.

.... .... Appellant

Versus

1. The State of Bihar

2. The District Magistrate Bhojpur at Ara

3. The District Education Office, Bhojpur at Ara

4. The Block Development officer, Bihiya Bhojpur

5. The Block Education Extension Office, Bihiya Bhojpur.

6. The Panchayat secretary Panchayat- Kalyanpur, Bihiya, Bhojpur.

7. The Mukhia Gram Panchayat Kalyanpur Bihiya, Bhojpur

8. The Headmaster, Primary School Bandha Block+ P.S.- Bihiya, Bhojpur.

.... .... Respondents ============================================ Appearance :

For the Appellant/s : Mr. Maya Shankar Mishra, Advocate For the Respondent/s : Mr. Rishi Raj Sinha, SC-19 Mr. Akhilesh Kr. Sinha, AC to SC-19 ============================================ CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 19-06-2017 Heard learned counsel for the appellant and learned counsel for the respondents.

If a person was not working as a Panchayat Shiksha Mitra on 01.07.2006 in terms of Bihar Panchayat Teacher Appointment Rules, 2006, who by deeming fiction became a Panchayat Teacher, nobody can claim any benefit on whatever be the specious ground to continue on the post of Panchayat Shiksha Mitra, or, to be made into a Panchayat Shikshak. The law is already well settled in this

Patna High Court LPA No.150 of 2015 dt.19-06-2017 regard by a Full Bench of this Court in the case of Kalpana Rani Vs. State of Bihar and Ors. since reported in 2014 (2) PLJR 665.

In view of the above, the impugned order of the learned Single Judge dated 14.02.2014 does not suffer from any infirmity.

Accordingly, this appeal stands dismissed.

(Ajay Kumar Tripathi, J.) (Rajeev Ranjan Prasad, J.) Rajeev/N.A.F.R.