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2013 Supreme(Pat) 187

AJAY KUMAR TRIPATHI
Saroj Kumar – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
For the Petitioner/s:Mr. Rajendra Pd. Singh, Sr. Advocate Mr. Ramakant Singh, Advocate Mr. Kumar Shankaram, Advocate.
For the Respondent/s: Mr. Aditya Nath Pandey, AC to GA 5

ORDER

Concept of engagement of Panchayat Shiksha Mitra was floated under Sarva Shiksha Abhiyan, a programme initiated by the Central Government to bring into its ambit as many persons as possible to make them literate. Engagement of what came to be known as Shiksha Mitra under contract was initiated in the year 2003. This contract was for a period of 11 months on a fixed remuneration payable to such persons. Contract was subject to renewal on satisfactory service. Since the remuneration as Panchayat Shiksha Mitra was not very lucrative and was fixed as Rs.1500/- per month, there were not many takers for the contract. The floodgate of litigation opened the day the State of Bihar notified rule relating to appointment of what is known as Bihar Panchayat Primary Teacher (Employment and Service Condition) Rules, in the year 2006. By virtue of notification of this Rule as well as change of policy, all those persons whose contract subsisted as on 1.7.2006, by a deeming fiction created in Rule 20 became a Panchayat Teacher which was a kind of permanent engagement under the State. Their terms and conditions of service was now going to be governed by the 2006 Rules and all earlier notificati










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