PATNA, India, Feb. 11 -- Patna High Court issued the following judgment on Jan. 12:

1. The Letters Patent Appeal has been filed by the appellant-Poonam Kumari challenging the order dated 05.05.2025 passed by the learned Single Judge in CWJC No. 15771 of 2021.

2. Respondent no. 6-Shweta Prasad filed the aforesaid writ petition with following relief:-

"(1) For issuance of writ(s) / direction(s) in the name of Respondents to make payment of salary to the petitioner who is working on the post of Panchayat Teacher in School, Jiyachak Navsrijit Primary under Gram Panchayat Raj Barandi block- Rahui, DisttNalanda from 03.07.2012 in view of appointment letter issued on 27.06.2012 in terms of order issued through memo no-235 dated 25.07.2011 by the Learned District Teacher Appellate Authority, Nalanda in Appeal no57(A)/2011. (II) For issuance order/orders, of writ/writs, direction/directions which may deem fit and proper under the facts of the case."

3. When the notice was issued in the matter, the present appellant filed the counter affidavit on 29.10.2021, and the following statements were made therein:-

"6. That facts of the case under dispute in a narrow is campus that the petitioner filed application for her employment in the year 2008 before the Gram panchayat Barandi under Rahui block but the petitioner was not selected and appointed by the panchayat employment unit, Barandi.

7. That it is not dispute that 2nd phase of Block/panchayat teachers employment was concluded in the month of December, with 2010 specific direction that no employment shall be made after 31.12.2010 and all vacancies shall be carried forward for the third phase of employment 2012.

8. That one employed panchayat teacher tender his resignation due to appointment on regular teacher in 34540 category, Thereafter, the petitioner and two other candidates moved before the District teacher Employment Appellate Authority, Nalanda vide Appeal No. 57 (A) of 2011.

9. That the District Appellate Authority, Siwan without considering the departmental guideline and after completion of process of selection of Block/Panchayat Teacher of 2nd phase, illegally allowed the appeal with a direction to concerned employment unit to appoint the petitioner as Panchayat Teacher against the vacancy of 2008. (Annexure-3 of the writ petition) vide order dated 25.7.2011 (Annexure-2 of the writ petition).

10. That in compliance of the order passed by District Appellate Authority, the Panchayat Employment unit Barandi issued employment letter vide letter no. 06 dated 27.6.2012 and posted in Newly Primary School Barandi petition). (Annexure-3 of the writ petition).

11. That it is relevant to state that at present scenario, the employment has been made under Bihar panchayat Elementary Employment Rule -2012 and the process and criteria of employment of panchayat/Block Teacher have been changed. Therefore, employment of petitioner could not be made against non existing vacancies. The said issue has been decided by this Hon'ble court on 7.7.2015 in C.W.J.C.NO. 6015 of 2015 (Md. Akil Vs. State of Bihar and ors) in which clearly hold that-

"This application is dismissed on the ground that no appointment can belated stage on made be the at post which was advertised and exercise was complied in the year 2008. In addition to that rules have been changed and the qualification and eligibility criteria for appointment has been changed any appointment now will be governed by the present rules in the play........ "

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MyM2NjAjMjAyNSMxI04=-QdMtGD9Neto=)

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