The main legal point established in the judgment is that the appointment of P.S.M. cannot be enquired into and cancelled retrospectively after the post's abolition on 01-07-2006 under Rule 20(iii) of the New Employment Rules 2006.

JUDGMENT :

Petitioners in both the writ petitions being aggrieved by the letter no. 1024 dated 01.11.2008 and the selection list dated 06.02.2007 filed the present writ applications for quashing the letter dated 01.11.2008 bearing no. 1024 whereby B.D.O., Kalyanpur, Gram Panchayat-Pipra Khem, East Champaran directed the Mukhiya and the Panchayat Secretary for appointment of the private respondent no. 6 namely Rima Kumari in C.W.J.C. No. 18513/2008 and Nita Kumari in C.W.J.C. No. 18743 of 2008 on the post of Panchayat Shiksha Mitra (for short “P.S.M”) in place of the petitioners.

2. Pursuant to the advertisement published in the year 2005 for the post of P.S.M. in Gram Panchayat-Pipra Khem, Block + P.S.:-Kalyanpur, District -East Champaran the petitioner of C.W.J.C. No. 18743/2008 Kumari Nutan was selected for appointment as P.S.M. and an agreement to this effect for eleven months was executed on 04.05.2005 between the petitioner and the Gram Panchyat. In the said selection list one Nutan Kumari at serial no. 6 did not join the post and against the said vacant post applications were invited vide notice no. 33 dated 30.01.2006 by the Selection Committee in which petitioner of C.W.J.C. No. 18513 of 2008 namely Suresh Kumar submitted his application and was appointed on the post of P.S.M. vide letter no. 43 dt. 14.02.2006 and pursuant thereto an agreement between the petitioner and the Gram Panchyat was executed. The initial engagement of the petitioners was for a period of eleven months and was further extended taking into consideration the satisfactory service. By virtue of coming into force of the new Rule i.e. Bihar Panchayat Elementary Teacher (Employment and Service Condition) Rules, 2006 (hereinafter referred to as “New Employment Rules 2006”) the petitioners were absorbed as Panchayat Teacher with effect from 01.07.2006. After the absorption of the petitioners as Panchayat Teacher an enquiry was made regarding the appointment of petitioners as P.S.M. by the then B.D.O. and Block Education Extension Officer, Kalyanpur, East Champaran (i.e. B.E.E.O.), who prepared a fresh list of selected candidates on 06.02.2007 by which the petitioner of C.W.J.C. No. 18513 of 2008 was replaced by Rima Kumari (Private Respondent No. 6) and petitioner of C.W.J.C. No. 18743 of 2008 was replaced by Nita Kumari (Private Respondent No. 6). Thereafter, the B.D.O. vide the impugned letter dated 01.11.2008 (Annexure-5) directed the Mukhiya and Panchayat Secretary to appoint respondent no. 6 in place of the petitioners.

3. Mr. P.N. Shahi, learned senior counsel appearing for the petitioners while assailing the impugned order argued that Block Development Officer, Kalyanpur, East Champaran exceeded his jurisdiction and conducted an enquiry regarding the appointment of P.S.M. made prior to 01.07.2006. After such enquiry and after absorption of the petitioners as Panchayat Teacher with effect from 01.07.2006 the then B.D.O. and B.E.E.O. prepared a selection list of P.S.M. of the concerned Gram Panchayat by which the petitioners were replaced by Rima Kumari and Nita Kumari (private respondent no. 6) on the ground of inter se merit. The petitioners were appointed against vacant post after inviting applications on the post of P.S.M. which was duly converted into Panchayat Teacher whereas the private respondents did not find place in the merit list prepared by the Appointment and Selection Committee of the concerned Gram Panchayat on the post of P.S.M. The B.D.O. and the B.E.E.O. lack jurisdiction to enquire into the appointment as P.S.M. inasmuch as the B.D.O. has been empowered as the competent authority under Rule 18 of the New Employment Rules 2006 in respect of appointment and transfer of Panchayat Teacher and not the P.S.M., who were appointed prior to coming into force of New Employment Rules 2006. The petitioners by virtue of coming into force of New Employment Rules were absorbed as Panchayat Teacher and have been working continuously since then. As