(Per: HONOURABLE THE CHIEF JUSTICE)

With the consent of the learned advocates, the Appeal is heard and decided today.

2. Feeling aggrieved by the judgment and order dated 28th January 2011 passed by the learned single Judge in above CWJC No. 13232 of 2007, the appellant a former Mukhia of Gram Panchayat Samardiha, Karghar, Rohtas has preferred this Appeal under Clause 10 of the Letters Patent.

3. It appears that the respondent no. 8, the writ petitioner, was appointed as the Panchayat Shiksha Mitra in the Gram Panchayat Samardiha on 21st May 2005 for the period of eleven months. On expiry of the term of her appointment in April 2006 she was not re-appointed or her appointment as Panchayat Shiksha Mitra was not renewed.

4. Feeling aggrieved, she filed above CWJC No. 13232 of 2007 for a direction that she be paid salary since April 2006 and she be not disturbed from discharging her duties. The petitioner alleged that the Mukhia of the Gram Panchayat had mala fide intention in not renewing her appointment. The learned single Judge has observed that although the District Superintendent of Education had informed the Mukhia of the Gram Panchayat, he did not appear before the Cour