Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2013 Supreme(Pat) 187

IN THE HIGH COURT OF JUDICATURE AT PATNA
AJAY KUMAR TRIPATHI, J.
1. Saroj Kumar S/O Bijendra Prasad Yadav R/O Vill Baijanathpur, P.S Kishanpur, Distt-Supaul
2. Bhupendra Kumar S/O Sri Devinandan Yadav R/O Vill Phulwariya, P.S.Kishanpur, Distt-Supaul
3. Haldhar Yadav S/O Late Ramdhin Yadav R/O Vill Baijnathpur, P.S.Kishanpur, Distt-Supaul
4. Manoj Kumar S/O Sri Kant Pandit R/O Vill Andauli, P.S.Kishanpur, Distt-Supaul
5. Satya Narayan Yadav S/O Sri Ram Prasad Yadav R/O Vill Andauli, P.S.Kishanpur, Distt-Supaul
6. Gajendra Kumar S/O Sri Sukhdeo Sharma R/O Vill Phulwaria, P.S.Kishanpur, Distt-Supaul
7. Kiran Kumari W/O Sri Arbind Kumar & Ramcharan Yadav R/O Vill Phulwaria, P.S.Kishanpur, Distt-Supaul
8. Renu Pandit W/O Sri Mahavir Prasad Prajapati R/O Vill Andauli, P.S.Kishanpur, Distt-Supaul
9. Minu Kumari D/O Surya Narayan Chaudhary R/O Vill Andauli, P.S.Kishanpur, Distt-Supaul
10. Kumari Veena D/O Sri Bhupendra Prasad Yadav R/O Vill Phulwariya , P.S.Kishanpur, Distt-Supaul
11. Manju Kumari Bharti W/O Sri Suresh Kumar Bharti R/O Vill Phulwariya, P.S.Kishanpur, Distt-Supaul
12. Usha Kumari W/O Sri Deo Narayan Yadav R/O Vill Phulwariya, P.S.Kishanpur, Distt-Supaul - Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Human Resources Development Department Govt. Of Bihar, Patna
3. The Director, Primary Education, Human Resources Development Department Govt. Of Bihar, Patna
4. The District Magistrate Supaul
5. The District Teachers Appointment Appellate Authority, Supaul, Through Its Chairman
6. The Chairman, District Teacher Appointment Appellate Authority, Supaul
7. The Member, District Teacher Appointment Appellate Authority, Supaul
8. The Deputy Development Commissioner, Distt-Supaul
9. The Sub-Divisional Officer, Supaul 10. The District Superintendent of Education, Distt-Supaul
11. The Block Development Officer, Block-Kishanpur, Distt-Supaul
12. The Block Education Extension Officer, Block-Kishanpur, Distt-Supaul
13. The Mukhiya, Gram Panchayat Andauli, Block-Kishanpur, Distt-Supaul
14. The Panchayat Secretary, Gram Panchayat Andauli, Block-Kishanpur, Distt-Supaul
15. Randhir Kumar Rana S/O Pulkit Yadav R/O Vill Baijnathpur, P.S.Kishanpur, Distt-Supaul
16. Shambhu Kumar Sharan S/O Dularchand Mandle Vill Fulwariya, P.S. Fulwariya, Distt-Supaul - Respondents
Civil Writ Jurisdiction Case No.10110 of 2010
Decided on: 12-02-2013

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

The transition from Panchayat Shiksha Mitra to Panchayat Teacher under the 2006 Rules confers certain advantages and service conditions, and any challenge to the initial engagement should have been made within the contractual period.

Headnote:
Panchayat Shiksha Mitra - Employment Dispute - Sarva Shiksha Abhiyan - Rule 20 - 2006 Rules
Fact of the Case:

The case involved the dispute over the engagement of Panchayat Shiksha Mitra under the Sarva Shiksha Abhiyan program and the subsequent transition to the position of Panchayat Teacher under the 2006 Rules.
Finding of the Court:

The court held that the engagement as Panchayat Shiksha Mitra cannot be reopened to deny the benefit of employment as a Panchayat Teacher, and any action against their engagement as Shiksha Mitra will not affect their right to continue as a Panchayat Teacher under the 2006 Rules.
Issues: The issues involved the legality of the engagement as Panchayat Shiksha Mitra, the transition to the position of Panchayat Teacher, and the jurisdiction for adjudicating disputes related to such engagements.
Ratio Decidendi: The court emphasized that the engagement as Panchayat Shiksha Mitra, if found to be in breach of any law, should have been challenged during the subsistence of the contract, and any challenge after the transition to Panchayat Teacher should be within the parameters of the 2006 Rules.
Final Decision: The court quashed the orders annulling the appointments of the petitioners and allowed the writ application.

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 notifications relating to Panchayat Shiksha Mitra stood repealed. Even the post of Panchayat Shiksha Mitra was no longer available under the State.

2. As already stated above, since appointment as a regular Panchayat Teacher begot better service conditions as well as pay, series of litigations and objections were initiated by persons interested in getting into the slot or position occupied by persons already in the job. Various allegations came to be made against Panchayats in the manner in which such contracts were initiated or engagement on the post of Panchayat Shiksha Mitra made. Initially, the Block Development Officer was the requisite authority to look into such disputes but later on, a Tribunal was constituted by the State to go into such aspects of the matter relating to selection, non- appointment or service related issue arising there from.

3. In the present case as well, an issue was raised by certain persons against the selection of these petitioners at a forum, which finally culminated into an adjudication made by the Teacher Employment Appellate Tribunal, Supaul The Tribunal annulled appointments of these petitioners on the ground that their engagement as a Panchayat Shiksha Mitra was not done properly by following the roster etc. etc.

4. Naturally, these petitioners are before the High Court challenging the order of the Tribunal contained in Annexure-1 since they have lost their employment after so many years of engagement on an issue which, according to learned senior counsel for the petitioners, is non-issue now. It is his stand that the engagement as Panchayat Shiksha Mitra cannot be opened now. Whatever was required to be done with regard to such contractual engagements should have been done before the persons became Panchayat Teachers on 1.7.2006. The engagement as Panchayat Shiksha Mitra cannot be reopened to deny the benefit of employment as a Panchayat Teacher, which may have been by a deeming fiction, which was conferred upon them.

5. The contention on behalf of the petitioners does merit consideration from various aspects of the matter. One, that the initial engagement was a contractual engagement and if those engagements or contracts were executed by the Panchayat in breach of any law and the same was void or voidable, it ought to have been tested at that time frame when the contract was subsisting. After the period of contract was over, the same cannot be revived and put under any kind of any judicial or quasi judicial scrutiny.

6. The other aspect is that once those persons became Panchayat Teachers with effect from 1.7.2006, the rule or the law conferred upon them certain advantages and service conditions. Any action, which was required to be taken against them, can only be taken within the ambit and parameters of the 2006 Rules and

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