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Patna High Court

Sudhihar KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The review petition is dismissed as the petitioners lack locus standi and the matter is already pending before the District Teachers Employment Appellate Authority.

Summary

The petitioners, a group of six candidates who were not selected for Block Teacher posts, filed a review petition challenging a High Court order that allowed the appointed teachers (the second set of petitioners) to receive salary for services rendered since August 2015. The review petition argued that the appointed teachers’ salaries should not be paid pending the resolution of an appeal concerning the validity of their appointments, and contended that the review petitioners had standing to intervene. The Court examined the prior remand of the appeal to the District Teachers Employment Appellate Authority, the prolonged delay of more than ten years in adjudicating that appeal, and the Supreme Court precedents that entitlement to salary arises once an employee discharges duties, even if the appointment is later found irregular. It held that the review petitioners lacked locus standi, that the review petition was an improper attempt to re‑litigate matters already before the appellate authority, and that imposing costs would be excessive given their unemployment. Consequently, the review petition was dismissed without prejudice to the pending appeal. The Court emphasized that the salary issue for the appointed teachers remains governed by the earlier Supreme Court rulings and that the appellate authority must decide the appeal expeditiously.

Issues considered

  • Does the review petition have locus standi to challenge the salary order granted to the appointed teachers?
  • Can a review petition be entertained when the underlying appeal has been remanded and remains pending for an extended period?
  • Are the appointed teachers entitled to salary despite the pending appeal questioning the regularity of their appointment?
  • May the Court impose costs on petitioners for filing a review petition deemed frivolous or vexatious?
  • Does the delay in adjudication of the appeal infringe the right to life under Article 23 of the Constitution?

Subjects

  • review petition
  • salary entitlement
  • block teacher appointment
  • locus standi
  • delay in adjudication
  • costs
  • Article 23
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        CIVIL REVIEW No.247 of 2025
                                                         In
                                 Civil Writ Jurisdiction Case No.14166 of 2025
                 ======================================================
           1.     Sudhihar Kumar Son of Ruplal Mahto, resident of village- Aliganj, P.O.-
                  Aliganj, P.S.- Sikandara, District- Jamui, Bihar.
           2.    Ravindra Kumar, Son of Rambriksha Yadav, resident of Village- Akaunadih,
                 P.O. - Akaunadih, P.S.- Muffassil, District- Nawadah, Bihar.
           3.    Rita Kumari, daughter of Ram Chandra Prasad, resident of Vill P.O. -
                 Fatehpur, P.S.- Akbarpur, District- Nawadah, Bihar.
           4.    Pankaj Kumar, Son of Bijay Chaudhary, resident of Village- Prasad Bigha,
                 Nawadah, P.S. -Nawadah, District- Nawadah, Bihar.
           5.    Saista Khatoon, daughter of Md. Sakil Ahmad, resident of Village-
                 Gondapur, P.O. - Gondapur, P.S. - Nawadah, District- Nawadah, Bihar.
           6.    Ram Pravesh Kumar, Son of Shankar Mahto, resident of Village- Darkha,
                 P.O.- Darkha, P.S.- Sikandara, District- Jamui, Bihar.

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Education, Government of Bihar, Patna.
           2.    The Director, Department of Education, Government of Bihar, Patna.
           3.    The District Education Officer, Nawadah.
           4.    The District Programme Officer (Est.). Nawadah.
           5.    The Block Education Officer, Akbarpur, District - Nawadah.
           6.    Sindhu Rani, daughter of Ramanugrah Singh, resident of Village- Orhanpur,
                 Post Office- Nawadah, Police Station - Muffasil, District- Nawadah,
                 presently posted as Block Teacher, Government of Middle School,
                 Mahanandpur, Block- Akbarpur, District- Nawadah.
           7.    Purushottam Kumar, Son of Girijinandan Singh, resident of village-
                 Gopalpur, Police Station - Akbarpur, District- Nawadah, presently posted as
                 Prakhand Teacher in National Middle School, Akbarpur, Block- Akbarpur,
                 District Nawadah.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Ashok Chaudhary, Sr. Advocate
                                              Mr. Akshansh Ankit, Advocate
                                              Mr. Bhola Kumar, Advocate
                 For the Opposite Party/s :   Government Advocate 2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   16-01-2026                      Heard learned counsel for the petitioners and
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          learned counsel for the respondents/ opposite parties.

                       2. The instant petition is filed with the prayer to

          review the judgment and order dated 02.09.2025 passed in

          CWJC No.14166 of 2025 by this Court, whereby and

          whereunder, the writ application filed by the writ petitioners/

          opposite parties (2nd set) herein for payment of salary was

          disposed of.

                       3. The instant review petition has been preferred by

          one of the candidates, who is stated to have been non-suited in

          the    appointment         process       undertaken   pursuant   to   the

          advertisement issued for the post of Block Teachers in the

          Akbarpur Prakhand Niyojan Unit. After completion of the

          selection formalities, the writ petitioners/opposite parties (2nd

          set) are stated to have been appointed. The review petitioner had

          initially filed a writ petition, being CWJC No. 17775 of 2015,

          challenging the appointment of the writ petitioners/opposite

          parties (2nd set), in which the learned Single Judge passed the

          following order:—

                           5. The learned counsel for the respective parties
                           are in agreement, apart from this Court also being
                           of the opinion, that the District Teachers
                           Employment Appellate Authority, Nawada ought to
                           have decided the appeal on merits and should not
                           have summarily dismissed the appeal. It has also
                           been pointed out that much water has flown in the
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                           meantime and the Vigilance has also lodged an FIR
                           against the State authorities who have committed
                           fraud and illegality, not only in the matter of
                           issuance of select list but also in the process of
                           issuance of appointment letter to the unsuccessful
                           candidates.
                           6. Having regard to the facts and circumstances of
                           the case and having considered the submissions
                           made by the learned counsel for the parties, I deem
                           it fit and proper to quash the order dated
                           28.09.2015, passed by the District Teachers
                           Employment Appellate Authority, Nawadah, and
                           remand the matter back to the District Teachers
                           Employment Appellate Authority, Nawadah for
                           reconsideration of the matter afresh on merits,
                           upon grant of an opportunity of hearing to the
                           respective parties.
                           7. It goes without saying that the petitioners would
                           be at liberty to file additional affidavits, bringing
                           on record all the documents/ select list etc. and the
                           details about the events which have taken place
                           during the interregnum period. It is further directed
                           that the interim order dated 1.2.2018 passed by this
                           Court in the present case to the effect that no
                           payment of salary shall be made to the Block
                           Teachers, who have obtained appointment pursuant
                           to the selection process in question, shall continue
                           till the final disposal of the appeal by the District
                           Teachers Employment Appellate Authority,
                           Nawadah.


                       4. It is further evident from the record that L.P.A. No.

          833 of 2019 was preferred by the review petitioners and the

          same was dismissed with the following observations:—

                             “….4. We find absolutely no reason to accept the
                           contention of the learned Senior Counsel that the
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                           consent was only with respect to the disposal of the
                           writ petition at the admission stage itself. The writ
                           petition itself was filed in the year 2015 and the
                           impugned judgment was passed on 19.06.2019,
                           after four years. Further, no such specific ground
                           has been taken in the appeal or even in the review
                           petition. The appellants, hence have been
                           prevaricating and there is an amount of dishonesty
                           in having taken such contrary stances at different
                           stages of the present litigation.”


                       5. In light of these observations made in the appeal

          filed by the review petitioners being L.P.A. No. 833 of 2019, the

          Hon’ble Division Bench, while dismissing the appeal, made

          categorical observation with respect to the subject matter, as also

          with regard to the salary, which have been denied to the teachers

          discharging their duties. The said observations are extracted

          below:

                           10. The learned Counsel appearing for the party
                           respondents, however, would submit that they had
                           been continuing without salary for long. The stay
                           of disbursement of salary was ordered by a learned
                           Single Judge, especially looking at the Vigilance
                           Enquiry Report which is also on a prima facie
                           consideration. In the above circumstances, when
                           there is a remand made, it is only proper that the
                           disbursement of salary would also be subject to the
                           finding of the Appellate Authority, to which the
                           case has been remanded.
                           11. We make it clear that the observations in the
                           orders passed in the writ petition or this judgment
                           in appeal; but for the directions herein above,
                           would not regulate the consideration of the subject
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                           matter by the Appellate Authority. The appellants
                           and the respondents herein, will appear before the
                           District Teachers Appellate Authority, Nawada on
                           28.11.2023. If the respondents are not made a
                           party, they would be impleaded. The District
                           Teachers Appellate Authority would consider the
                           issue and dispose of the same as expeditiously as
                           possible, especially considering the fact that those
                           appointed are denied of their salaries. We also
                           observe that it would be the responsibility of the
                           authorities to establish that the selection conducted
                           was fair and valid on the basis of the records
                           maintained.
                           12. The L.P.A. stands dismissed with the further
                           directions herein above to the District Teachers
                           Appellate Authority, Nawada. Parties are left to
                           suffer their respective costs.


                       6. It is next evident from the record that the review

          petitioners did not stop here, but challenged the order passed in

          L.P.A. No. 833 of 2019 by filing a Special Leave Petition before

          the Hon’ble Apex Court, being SLP (C) No. 4368 of 2024. After

          hearing learned counsel for the parties and upon perusal of the

          materials on record, the Hon’ble Apex Court found no reason or

          ground to interfere with the impugned order passed by the

          Hon’ble Division Bench in L.P.A. No. 833 of 2019; accordingly,

          SLP (C) No. 4368 of 2024 was dismissed. With the dismissal of

          the SLP and the judgment/order passed by the Hon’ble Division

          Bench in L.P.A. No. 833 of 2019, though it did not merge, but

          attained finality.
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                       7. In view of the above, the remand made by the

          learned Single Judge vide judgment dated 19.06.2019 in CWJC

          No. 17775 of 2015 required the District Teachers Employment

          Appellate Authority, Nawada, to adjudicate Appeal No. 16 of

          2015, which was subsequently renumbered as Appeal No. 03 of

          2025, and to decide the claim of the review petitioners, in which

          the Government officials including the persons appointed have

          been made party, but admittedly, the writ petitioners’

          appointment has till date not been interfered with by the

          Authority in question to which, the coordinate Bench had

          directed to adjudicate the claim of the review petitioners.

                       8. From the pleadings in the contempt petition (MJC

          No.3620 of 2025), as well as in the review petition, which is

          said to have been filed by the review petitioners (though not

          party in the instant writ petition in which instant review petition

          is filed), it does not appear as to why, despite the remand order

          passed by the learned Single Judge, which has been approved by

          the Hon’ble Division Bench, and the challenge to the same

          having been made before the Hon’ble Apex Court, which was

          dismissed in limine, till date the appeal, which was filed in the

          year 2015 and remanded in the year 2019, has remained pending

          for more than 10 years, and even for ensuring early adjudication,
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          only effort has been taken by the review petitioners by invoking

          the remedies as provided in law.

                       9. It is not the case of the review petitioners that they

          made themselves available before the District Teachers

          Employment Appellate Authority on each and every date fixed,

          and despite their participation, no adjudication has been made.

          Owing to such prolonged pendency of the appeal and delay in

          adjudication, the writ petitioners/opposite parties (2nd set) were

          compelled to file a writ application bearing CWJC No. 14166 of

          2025 with the following prayer:-

                           (i) For setting aside the impugned order bearing
                           Memo No.120 dated 21.06.2025, passed in
                           Complaint Case No.03 of 2024 by learned District
                           Teachers Employment Appellate Authority,
                           Nawada, (Annexure-P/8), whereby in pursuant to
                           liberty granted by this Court in C.W.J.C. No.7458
                           of 2024 vide order dated 13.08.2024 in batch cases
                           giving liberty to the petitioners to move before
                           District Appellate Authority first for redressal of
                           grievance for non-payment of salary of the working
                           period since 03.08.2015 to till date and
                           accordingly, petitioner filed Case No.03 of 2024
                           before the District Appellate Authority, Nawada
                           which has been disposed of without passing final
                           order on the issue of payment of due salary since
                           03.08.2015 during which petitioners have
                           discharged duty but by virtue of impugned order
                           claim of petitioners have been denied in pretext of
                           pendency of one complaint being Case No.03 of
                           2025 filed by the unsuccessful candidates raising
                           the issue of validity of appointment of petitioners
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                           but till date appointment of petitioners have not
                           been cancelled and as such impugned order is bad
                           in eye of law as also contrary to Article 23 of the
                           Constitution of India.
                           (ii) For directing the respondents concerned to pay
                           the due salary of petitioners for working period i.e.
                           03.08.2015 till date in view of settled proposition of
                           law by Hon’ble Apex Court in judgment reported in
                           2022 LiveLaw (SC) 341 (Man Singh Versus State of
                           Uttar Pradesh) as well as 2024(1) PLJR (SC) 176
                           (Radheshyam Yadav Versus State of Uttar Pradesh)
                           as also in view of Memo No.734 dated 08.07.2022
                           issued by the Respondent State itself specially with
                           regard to payment of salary of working period and
                           despite that non payment of the same in pretext of
                           pendency of case filed by another person is not
                           tenable in the eye of law.
                           (iii) For any other relief(s) for which petitioners
                           are found entitled to in the eye of law.


                       10.     In     the      said        writ   petition,   the   writ

          petitioners/opposite parties (2nd set) made a specific prayer that

          the authorities may be directed to pay their salaries for the

          period of service from 03.08.2015 to date, in view of the

          judgment rendered by the Hon’ble Apex Court in Man Singh v.

          State of Uttar Pradesh, 2022 LiveLaw (SC) 341, which

          specifically directs that if the respondent State has allowed

          employees to discharge their duties, they are entitled to receive

          payment of salary for the period they have worked on the post

          against their appointment. However, the judgment also

          categorically states that, even if the appointment is irregular, still
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          the employee who has discharged his duties on the post is

          entitled to the same. The relevant portion of the order passed by

          the Hon’ble Apex Court, which is extracted herein below:

                                     “We find that the High Court has failed
                           to consider the fact that even if the appointment
                           was irregular, the appellant had discharged the
                           duties and in lieu of duties, he had to be paid. The
                           State cannot take any work from any employee
                           without payment of any salary.”


                       11. Since, the review petitioners have already been

          non-suited by the duly constituted selection committee, and the

          writ petitioners/opposite parties (2nd set) were appointed by the

          said committee and are continuing in service pursuant to such

          appointment, (though their appointments are subject matter of

          appeal) there is no reason, nor do the review petitioners have

          any locus, at this stage, to seek interference with the relief

          sought by the writ petitioners/opposite parties (2nd set), as the

          relief sought are in the nature of protecting their right to life

          guaranteed under the constitutional scheme. Moreover, the

          Division Bench has already dismissed LPA No. 833 of 2019,

          filed by these review petitioners, categorically observing that the

          appellants/review petitioners have been prevaricating and have

          also demonstrated a degree of dishonesty by taking contrary

          stances at different stages of the present litigation, which is quite
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          evident from the conduct of these review petitioners, who are

          said to have not come with clean hands, by not bringing on

          record the similar attempts made by filing LPA No.185 of 2025

          in CWJC No.6748 of 2024, which was dismissed on the ground

          of locus standi. Furthermore, they did not provide the reasons

          regarding pendency of the appeal and the efforts having been

          taken to get the same decided expeditiously, in which directions

          have been made by the learned Single Judge to decide the same,

          while it is the case of the writ petitioners/ opposite parties (2 nd

          set) is that the review petitioners are unnecessarily getting the

          same adjourned and delaying the appeal pending before the

          District Teachers Employment Appellate Authority, Nawadah.

                       12. At this stage, learned counsel for the review

          petitioners prayed that the statement made in paragraph 6 of the

          review petition be taken into consideration. Whereas, this Court

          rejects such prayer in view of the observations made by the

          Hon’ble Division Bench, which specifically record that the

          review petitioners have been changing their stance at different

          stages in various proceedings. However, it is apt to record that

          the Hon’ble Division Bench, while approving the remand made

          by the learned Single Judge, observed that the District Teachers

          Employment Appellate Authority, Nawada, would consider the
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          issue and dispose of the same as expeditiously as possible,

          especially considering the fact that the appointees to the post are

          denied their salary, whereas it has also been observed in the said

          order that it would be the responsibility of the authority to

          establish that the selection conducted was fair and valid on the

          basis of the records maintained.

                       13. It is worth to note that while making remand of

          the appeal in question, the learned Single Judge may not have

          thought that the appeal may remain pending for almost 6 years

          even from the date of remand, and the appointees may be

          coerced to file writ application for payment of salary, owing to

          such inordinate delay in disposal of the appeal.

                       14. Considering the aforesaid, this Court observes that

          the review petitioners, without any prudent reason, and instead

          of concentrating on the adjudication/ disposal of the appeal, are

          chasing the writ petitioners/opposite parties (2nd set) by means

          of all available legal remedies, while such appropriate remedies

          have already been exhausted with their appeal having been

          restored and as such, their attempt to file the review petition, to

          re-argue/re-agitate the whole issues, for which the forum has

          already been provided with restoration of appeal, cannot be

          permitted. This Court had disclosed its mind to impose a cost of
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          Rs. 25,000/- (Rupees Twenty-Five Thousand) each upon all the

          review petitioners, for having misused the legal process by filing

          the review petition, despite having no locus to interfere in the

          relief, for which the writ petition was filed; but, on the prayer

          made by the instructing counsel of this case to consider the fact

          that the review petitioners are jobless and payment of cost may

          be difficult for them, this Court refrains from imposing such cost

          for the present, giving sympathetic consideration, as also by

          acceding the prayer of the counsel made at the concluding stage

          of the argument.

                       15. From the conduct of the review petitioners, it is

          quite clear that, instead of focusing on their appeal and getting

          the same adjudicated as per the remand made by the learned

          Single Judge, which, having been approved by the Hon’ble

          Division Bench, the attempt being made by them to prejudice

          the right of these writ petitioners/opposite parties (2nd set) by

          filing a review petition is highly deprecated, as it shows their

          malice and hidden agenda so designed to re-initiate the fresh

          proceedings, which have already been culminated with the

          direction to the District Teachers Employment Appellate

          Authority to adjudicate the appeal expeditiously; and, the same

          having not been decided even after expiry of six years from the
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                     date of remand, the writ petitioners/opposite parties (2nd set),

                     taking cue from the order passed by the Hon’ble Apex Court in

                     Man Singh (supra), invoked the jurisdiction of the Court for

                     payment of salary to protect their livelihood and right to life,

                     and while doing so, they were well within their constitutional

                     limits and rights guaranteed under the Constitution of India.

                                  16. Accordingly, the instant review petition stands

                     dismissed.

                                  17. It is made clear that any observation made by this

                     Court, while deciding the review petition, may not affect the

                     merits of the appeal, which is remanded by the coordinate

                     Bench to be adjudicated by the District Teacher Employment

                     Appellate Authority, Nawadah, and the parties are at liberty to

                     have their grievances redressed/adjudicated on its own merit,

                     without getting prejudiced by any observation made in this case,

                     in any manner.



                                                            (Ajit Kumar, J)

shikha/-

U


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