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Patna High Court

Prabhat KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed, with the District Programme Officer directed to adjudicate the petitioner’s claim for back wages and, if entitled, to grant the salary within the prescribed time.

Summary

The petitioner, a teacher appointed on the recommendation of Justice S.K. Chhattopadhyay, challenged two orders: Memo No.295 rejecting his representation and Memo No.3315 terminating his service. He argued that his appointment, made under the direction of the Apex Court, could not be interfered with and that earlier Division Bench judgments (LPA No.1254 of 2016 and CWJC No.6753 of 2013) had already held such terminations illegal and entitled similarly situated teachers to back wages. The State did not dispute the facts but contended that the issues were already settled by the Division Bench. The High Court found that the petitioner was being discriminated against compared to other teachers who had received salary for the period out of service. Consequently, the Court directed the District Programme Officer to verify the petitioner’s claim and, if found valid, to grant salary within a stipulated time, and disposed of the writ petition.

Issues considered

  • Whether the order rejecting the petitioner's representation (Memo No.295) is valid.
  • Whether the termination order (Memo No.3315) is lawful in view of prior judgments.
  • Whether the petitioner is entitled to reinstatement with continuity of service and back wages.
  • Whether the authorities must pay salary for the period the petitioner was out of service, consistent with similar cases.

Subjects

  • appointment
  • termination
  • reinstatement
  • back wages
  • service verification
  • discrimination
  • civil writ jurisdiction
  • salary entitlement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.12258 of 2019
                 ======================================================
                 Prabhat Kumar Son of Sheer Puran Chandrika Kumar Resident of Village-
                 Bagmali, Post Office- Hajipur, P.S.- Hajipur (Town), District- Vaishali.


                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Principal Secretary, Human Resources
                 Development Department, Government of Bihar, Patna.
           2.    The Principal Secretary Department of Education, Govt. of Bihar, Patna.
           3.    The Additional Secretary Department of Education, Govt. of Bihar, Patna.
           4.    The Director Primary Education, Department of Education, Govt. of Bihar,
                 Patna.
           5.    Bihar School Examination Board Through its Secretary, Sinha Library Road,
                 Patna.
           6.    The Secretary Bihar School Examination Board, Sinha Library Road, Patna.
           7.    The District Education Officer District- West Champaran, Bettiah.
           8.    The District Programme Officer (Establishment) District- West Champaran,
                 Bettiah.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr.Satish Narain Singh
                 For the State           :      Mr.Kameshwar Kumar (Gp17)
                 For the BSEB            :      Mr.P.K.Shahi, Sr. Advocate
                                                Mr.Gyan Shankar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

5   13-01-2026                     In the instant petition, petitioner has prayed for the

                   following relief(s):-

                                                       “A. To set aside the order
                                             contained in Memo no.295 dated
                                             25.02.2019 passed by Additional Chief
                                             Secretary, Department of Education,
                                             Govt.    of    Bihar,    whereby      the
                                             representation filed by the petitioner in
                                             compliance of order dated 09.04.2018
                                             in C.W.J.C.No.16248 of 2016 passed by
Patna High Court CWJC No.12258 of 2019(5) dt.13-01-2026
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                                     this Hon'ble Court, has not been
                                     considered in accordance with the
                                     order/direction of this Hon'ble Court
                                     and has been rejected in casual manner.
                                                 B. To set aside the order
                                     contained in Memo no.3315 dated
                                     26.08.2016 passed under the signature
                                     of District Education Officer, West
                                     Champaran, Betiah by which the service
                                     of the petitioner has been terminated.
                                                 C. To command and direct the
                                     respondents to reinstate the petitioner
                                     into the service with continuity and
                                     benefits of service and back wages as
                                     well.
                                                 D. To grant any other
                                     relief/reliefs for which the petitioner is
                                     found entitled for in the facts and
                                     circumstances of the case.”

                      2. Counsel for the petitioner submits that despite the

          appointment of this petitioner’s having been made on the

          recommendation of Justice S.K. Chhattopadhyay (Retd.)

          Commission constituted under the orders of Hon’ble Apex

          Court for making scrutiny of the documents, and upon

          acceptance of such report, these appointments were not to be

          tinkered/interfered by the authorities in any manner. Still their

          appointments were interfered in the name of verification, which

          issues have already been adjudicated and put at rest by the

          Hon’ble Divison Bench vide LPA No. 1254 of 2016 and other

          analogous cases, on the appeal preferred by the State

          Government, against the judgment rendered in CWJC No. 6753
Patna High Court CWJC No.12258 of 2019(5) dt.13-01-2026
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          of 2013. As, the issues have already been adjudicated, and the

          Hon’ble Division Bench was of the view that the appointment of

          this petitioner was made as per the direction of Hon’ble Apex

          Court, after accepting the recommendation of Justice S.K.

          Chhattopadhyay (Retd.) and they could not been terminated on

          the grounds of qualification not having been properly verified,

          unless otherwise permitted by the Hon’ble Apex Court, and

          since there had been no such liberty restored to the authorities

          for making such verification under the garb of which, the

          petitioner and similarly situated persons are said to have been

          terminated from service and subsequently, were taken back in

          service under the orders of this Court, but have been denied

          salary for the period, when these petitioners were forced to

          remain out of service, while this petitioner was always available

          to render services to the State Government.

                      3. Considering the fact that the issues have already

          been adjudicated by the Hon’ble Division Bench, where the

          entitlement of salary have also been adjudicated, and various

          writ petitions filed by the similarly situated persons, have been

          adjudicated directing the authorities to release salary in favour

          of the persons, whose terminations were subsequently held to

          be bad in law, and they have been reinstated and the petitioner
Patna High Court CWJC No.12258 of 2019(5) dt.13-01-2026
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          by taking this Court to various office orders passed by the

          authorities, wherein the similarly situated persons have been

          allowed salary for the period remained out of service, submits

          that the petitioner is also entitled to similar benefit. The

          necessary orders so passed by the authorities are appended with

          the writ petition as Annexure-11.

                      4. On the other hand, counsel for the State does not

          dispute the factual position, and as also, the issues having been

          put at rest under the orders of Hon’ble Division Bench, and also

          directions were issued by the Co-ordinate Bench, for directing

          the authorities to make payment for the period, the teachers

          were forced to remain out of job.

                      5. In view of the fact that authorities are taking

          discriminatory stand in the case of this petitioner, this Court has

          no option but to direct the Respondent No. 8 – District

          Programme Officer (Estb.), West Champaran, Bettiah, to

          adjudicate the claim of this petitioner after verifying from the

          records the bona fide and as also the entitlement at par with

          other similarly situated person, in whose favour the salary has

          been allowed, upon filing of representation, which would be

          made by this petitioner appending all necessary documents for

          adjudication, of his claim of salary, within a period of four
           Patna High Court CWJC No.12258 of 2019(5) dt.13-01-2026
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                     weeks’ from today, and on filing of such representation

                     necessary orders shall be passed within in a period of eight

                     weeks, and on adjudication, if the petitioner is found entitled for

                     salary in similar terms the same shall be entitled to the petitioner

                     within the same time.

                                 6. Accordingly, the instant writ petition stands

                     disposed of.



                                                  (Ajit Kumar, J)
abhishekkr/-

U


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