ANJANA MISHRA, J.

Re.: I.A. No. 5408 of 2017

1. The present application under Section 5 of the Limitation Act has been filed for condoning the delay in filing the appeal.

2. Learned counsel for the appellant submits that the delay in filing the appeal may be condoned as after the order dated 29.11.2016 passed in C.W.J.C. No. 15375 of 2010 came to the knowledge of the authorities necessary steps were taken for filing the appeal and after due scrutiny the decision was taken to prefer an appeal against the aforesaid order.

3. Having heard learned counsel for the appellant, there are adequate grounds for condoning the delay as sufficient cause has been made out by the appellants for explaining the delay in filing the appeal. As such, the delay in filing the appeal stands condoned.

4. The interlocutory application (I.A. No. 5408 of 2017) is, accordingly, disposed of.

Re.: L.P.A. No. 1068 of 2017

5. This intra court appeal has been preferred by the State of Bihar and its authorities against the order dated 29.11.2016 passed in C.W.J.C. No. 15375 of 2010 by which a Bench of this Court has allowed the writ petition filed by the first respondents and the order passed by the District Teachers Employment Appellate Authority, Siwan dated 14.08.2010 in Case No. 125 of 2010 has been quashed and the petitioners therein have been reinstated on their respective posts of Panchayat Teachers with all consequential benefits.

6. It was submitted that in the year 2002, a scheme for engagement of Panchayat Shiksha Mitra was commenced with a stipulation that the Shiksha Mitras should continue for a period of 11 months. As such, engagements were to be made on contractual basis and the guidelines for such engagements were contained in Resolution No. 1079 dated 20.06.2002 issued under the signature of the Secretary, Primary and Adult Education Department (Annexure-7 to writ petition).

7. Consequently, the Secretary, Primary and Adult Education Department, vide Memo No. 336 dated 21.06.2002 issued certain guidelines for implementation of the aforementioned resolution fixing the requisite qualifications in which the minimum educational qualification was to be matriculate or equivalent with 45% marks and further that the candidate had to be of that very Panchayat.

8. In the year 2004, the Secretary, Primary and Adult Education Department, Bihar, Patna issued a further Memo No. 1458 on 11.08.2004 with regard to the selection of Panchayat Shiksha Mitra whereby the minimum educational qualification were enhanced to Intermediate with certain relaxation to lady candidates (Annexure-8 to the writ petition).

9. In pursuance of such scheme and in view of such guidelines for selection of Panchayat Shiksha Mitra, a Aam Sabha (General Meeting) was called for at Gram Panchayat Raj Mahammadpur, Block-Bhagwanpur Hat, District-Siwan wherein a decision was taken by them in which Mukhiya was presiding over the Sukh Suvidha Samiti. The President of the School Education Committee as well as the Headmaster of the concerned school took a conscious decision of selecting and preparing a merit-list of Panchayat Shiksha Mitra. A merit-list of 11 candidates in the female category and 10 under the male category, found to be eligible was prepared in which the names of the writ petitioners appeared at Serial No. 5 and 6 respectively in the male category. As such, vide Memo No. 4 dated 08.05.2005 issued under the signature of the Mukhiya. The petitioners/respondent 1st set came to be selected in which the name of petitioner No. 1 was at Serial No. 17 and that of petitioner No. 2 at Serial No. 16 (Annexure-10 to the writ petition).

10. Accordingly, the petitioner No. 1 joined in Government Primary School, Beera Bankat, Anchal- Bhagwanpur Hat, District-Siwan and the petitioner No. 2 joined in Government Kanya Middle School, Mahammadpur, Anchal- Bhagwanpur Hat, District-Siwan, and they began to discharge their duties and continued to do so and further they were granted a second term of 11 mo