Patna High Court
Shashi Bhushan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The termination order dated 31‑January‑2019 is unsustainable because the earlier appellate authority’s decision has attained finality, and therefore it must be set aside.
Summary
The petitioners, three former teachers, challenged an order dated 31‑January‑2019 issued by the District Programme Officer (Establishment) that terminated their services, alleging that the order was passed without hearing and ignored a prior decision of the District Teacher Employment Appellate Authority dated 7‑June‑2011. They also relied on an earlier judgment of this Court (CWJC No.10412 of 2019) which held that the degree dispute with Navbharat Shiksha Parishad had been finally decided. The Court observed that the appellate authority’s order had attained finality and that the impugned termination order therefore could not be sustained. It directed the petitioners to file a representation before the District Education Officer within four weeks and mandated that the representation be adjudicated within eight weeks, with any monetary benefits to be paid accordingly. Consequently, the writ petition was disposed of and the termination order set aside.
Issues considered
- Whether the termination order dated 31‑January‑2019 violates the principles of natural justice by denying a hearing.
- Whether the earlier order of the District Teacher Employment Appellate Authority dated 7‑June‑2011 is binding and precludes the impugned order.
- Whether the degree dispute adjudicated in CWJC No.10412 of 2019 must be given effect in the present petition.
Subjects
- natural justice
- service termination
- writ petition
- administrative law
- education department
- death cum retiral benefits
- compassionate appointment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11798 of 2019
======================================================
1. Shashi Bhushan Singh Son of Sri Jag Narayan Singh, Resident of Village-
Chargoriya P.O. Marojhiya, P.S. Nasriganj, District- Rohtas.
2. Sunil Kumar, Son of Sri Jag Narayan Singh, Resident of Village-
Chargoriya, P.O. Marojhiya, P.S. Nasriganj, District- Rohtas.
3. Jai Prakash Ram, Son of late Dudh Nath Ram, Resident of Village- Parariya,
P.O. Burhwal, P.S. Karakat, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director Primary Education Government of
Bihar.
2. The District Education Officer, Rohtas at Sasaram.
3. The District Programme Officer(Establishment), Rohtas at Sasaram.
4. The Block Development Officer Karakat , P.S.Karakat, District- Rohtas at
Sasaram.
5. The Block Education Officer Karakat P.S. Karkat District- Rohtas at
Sasaram.
6. The Headmaster Upgraded Middle School Baad, Anchal- Karakat, District-
Rohtas at Sasaram.
7. The Headmaster Upgraded Middle School, Amartha, Anchal- Karakat,
District- Rohtas at Sasaram.
8. The Headmaster, Primary School, Jahanpura, Anchal- Karakat, District-
Rohtas at Sasaram.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Bihari Singh
For the Respondent/s : Mrs. Shilpa Singh ( Ga12 )
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
10 12-01-2026 Learned counsel for the petitioners and learned
counsel for the respondents are present.
2. The instant writ application has been filed for
setting aside the order under Memo No. 1-281, Sasaram, dated
31.01.2019, issued by the District Programme Officer
Patna High Court CWJC No.11798 of 2019(10) dt.12-01-2026
2/5
(Establishment), Rohtas, Sasaram, directing the
dispensation/termination of the services of the petitioner and
the remaining 12, referring to the order of the Director,
Primary Education, under Letter No. 1374, dated 24.10.2018,
without due consideration of the facts and law, and in
disregard of the order passed by the District Teacher
Employment Appellate Authority, Rohtas, on 07.06.2011. The
order was passed without observing the requirement of natural
justice, in light of the settled principle that the right to a
hearing is a basic and elementary legal right, and for other
necessary reliefs to which the petitioner may be found
entitled.
3. Learned counsel for the petitioners by taking
attention of this Court to the order passed by this Court vide
order dated 22.09.2025 passed in CWJC No.10412 of 2019
submits that the issue is related to the dispute of degrees
obtained from Navbharat Shiksha Parishad, Orissa has already
been adjudicated and appropriate direction has already been
issued for making appropriate consideration by the authorities
concerned and to buttress his submission, he refers to para-5,
6 and 7 of the said order which is extracted hereinbelow:-
5. Now, since the adjudication which has already
been made by the District Appellate Authority and
Patna High Court CWJC No.11798 of 2019(10) dt.12-01-2026
3/5
the respondents themselves have chosen not to
assail the said order before the higher forum and
that order having attained finality, therefore, the
impugned order dated 31.01.2019 cannot be
allowed to sustain.
6. Since, the deceased employee, who is said to
have been appointed pursuant to the
recommendation of the selection committee
constituted in this behalf and the impugned order
dated 31.01.2015 had been stayed by the Co-
ordinate Bench vide order dated 01.03.2015
passed in C.W.J.C. No.23556 of 2018 which was
also to be maintained qua the petitioner, who is
said to have died during the pendency of the writ
petition on 08.10.2022 leaving behind a daughter
aged about 21 years as his sole heir and the order
of the Appellate Authority having attained finality,
the impugned order is unsustainable and is
accordingly, set aside.
7. The respondents are accordingly directed to
undertake the process of settling the death cum
retiral benefits in respect of the deceased
respondent and further, the claim made by the
daughter of the deceased employee for
compassionate appointment, shall also be
examined and be considered in accordance with
law. The petitioner is directed to make a
representation with regard to compassionate
appointment separately and as also with regard
to payment of death cum retiral benefits and on
submission of such application / representation
with supportive materials, the respondent shall be
obliged to take a final decision and benefits which
accrues in favour of this petitioner shall be paid
within a further period of eight weeks and her
application filed for compassionate appointment
will also be considered within the same time,
strictly in terms of the guidelines framed by the
State Government.
Patna High Court CWJC No.11798 of 2019(10) dt.12-01-2026
4/5
4. He further submits that similar directions may
be issued in the case of these petitioners by directing the
authorities to adjudicate their claims.
5. On the other hand, learned counsel for the
State has no objection to the submissions advanced on behalf
of the petitioners and submits that, since similar issues have
already been adjudicated by the coordinate Bench of this
Court in CWJC No. 23556 of 2018, similar directions may
accordingly be issued.
6. In view of the foregoing submissions, the
petitioners are directed to file a representation before
Respondent No. 2, along with all supporting materials and a
copy of this order, within a period of four weeks from today.
On receipt of such representation, Respondent No. 2 is
directed to adjudicate the petitioners’ claims within a further
period of eight weeks, in accordance with the guidelines
issued by the State Government.
7. It is made clear that if, upon adjudication, the
petitioners are found to be entitled to any monetary benefits,
the same shall also be extended in their favor within the same
time.
Patna High Court CWJC No.11798 of 2019(10) dt.12-01-2026
5/5
8. With the aforesaid observations and directions,
the instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
Checking your session…