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2016 Supreme(Pat) 1637

RAKESH KUMAR
Md. Ashraf Ansari son of Md. Mumtaz Ansari – Appellant
Versus
State Of Bihar Through The Commissioner-Cum-Secretary Department Of Human Resources Development Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rashid Izhar

JUDGMENT :

1. Heard Sri Rashid Izhar, learned counsel for the petitioner and learned AC to GP No. 14.

2. The petitioner invoking writ jurisdiction of this court under Article 226 of the Constitution of India had initially approached this court due to the reason that the respondent no. 4/Block Education Extension Officer, Dumaria, Sherghati, district - Gaya had stopped the salary of the petitioner since the month of January and also for direction to the respondents to release the salary.

3. It is the case of the petitioner that in the year 2003 he was appointed as Shiksha Mitra on contractual basis for eleven months and thereafter from time to time his contractual appointment was renewed and finally after the enactment of Bihar Panchayat Primary Teacher (Appointment And Services Conditions) Rules 2006 (hereinafter referred to as the “Rule 2006”) in view of the provisions contained in the Rule 2006, since on the cut- off date the petitioner was continuing as Shiksha Mitra, his status was changed as Panchayat Teacher. Thereafter regularly he was discharging his duty as Panchayat Teacher and he was also made In-charge Headmaster of the Chonha Madhya Vidyalaya Chonha (Dumaria). It has been















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