Created by Fuzzy Cloud

Patna High Court

Parmeshwar Prasad SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Petitioners are entitled to seniority, increments and pension benefits as if appointed in 2012, but not to salary for the period 2012‑2019.

Summary

The petitioners, a group of trained assistant teachers, filed a writ petition seeking to be treated as having been appointed in 2012 like other candidates, requesting seniority, pay increments, pension benefits and arrears of salary, after their actual appointment was delayed until 2019. They relied on a Supreme Court order (SLP No.1491/2014) and several earlier Patna High Court judgments that granted similar relief to delayed appointees. The Court examined whether equity and the earlier precedents compel the respondents to grant the petitioners the benefits of the original appointment date, except for salary for the intervening period. The Court held that the petitioners cannot be faulted for the delay and must be given seniority, continuity, increments and pension benefits as if they had entered service in 2012, but they are not entitled to salary for 2012‑2019. The respondents were directed to calculate and disburse the consequential benefits within three months of receiving the order. All pending applications were disposed of.

Issues considered

  • Whether petitioners are entitled to seniority, increments and pension benefits as if appointed in 2012 despite actual appointment in 2019.
  • Whether petitioners can claim arrears of salary for the period 2012 to November 2019.
  • Whether the equity principle and earlier High Court judgments compel the respondents to grant such benefits.

Subjects

  • seniority
  • appointment delay
  • assistant teacher
  • writ petition
  • mandamus
  • arrears
  • pension
  • equity
  • Bihar Staff Selection Commission

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.13425 of 2022
     ======================================================
1.    Parmeshwar Prasad Singh Son of Anandi Charan Singh, Resident of Village-
      Roshanganj, P.O. and P.S.- Balia Belown, District- Katihar.
2.   Mr. Khairuddin, Son of Late Shekh Salimuddin, Resident of Village-
     Jangepur, P.S. Azamnagar, District- Katihar.
3.   Kishore Kumar Sharma, Son of Anandi Sharma, Resident of Village-
     Daniha, P.S.- Azamnagar, District- Katihar.
4.   Izhar Ahmad Ansari, Son of Md. Shafiuddin Ansarih, Resident of Village-
     Maria Sihipur, P.O. and P.S.- Balia Belown, District- Katihar.
5.   Md. Maimur Sultan, Son of Abdul Gaffar, Resident of Village- Khureyal,
     P.O.- Sihpur, P.S.- Azamnagar, District- Katihar.
6.   Md. Mojibur Rahman, Son of Sk. Samrul Haque, Resident of Village-
     Alhauda, P.O.- Beghwa, P.S.- Balia Belown, District- Katihar.
7.   Nishat Ahmad Tamkin, Son of Md. Samsul Hoda, Resident of Village and
     Post- Dhumnagar, P.S.- Azamnagar, District- Katihar.
8.   Md. Ahmad Hussain, Son of Md. Sadruddin, Resident of Village- Basantpur,
     P.O. and P.S.- Salmari, District- Katihar.
9.   Md. Khurshid Alam, Son of Md. Hanif, Resident of Village- Baluganj, P.O.-
     Sadapur, P.S. Balia Belown, Via Sadapur, District- Katihar.
10. Md. Mazharul Haque, Son of Sk Kamruddin, Resident of Village- Sihpur,
    P.O. and P.S. Balia Belown, District- Katihar.
11. Md. Jahanagir Alam, Son of Md. Noorul Hoda, Resident of Village-
    Baliganj, P.O.- Sadapur, P.S.- Balia Belown, District- Katihar.
12. Md. Shahid Alam, Son of Shekh Makimuddin, Resident of Village- Baria,
    P.O.- Siktia, P.S.- Azamnagar, District- Katihar.
13. Md. Abul Kalam, Son of Md. Mabood, Resident of Village- Shishiya, P.O.-
    Nemol, P.S.- Azamnagar, District- Katihar.

                                                                ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Principal Secretary, Education Department,
     Govt. of Bihar, Patna.
2.   The Director, Primary Education, Government of Bihar, Patna.
3.   The District Education Officer, Araria.
4.   The District Programme Officer (Establishment), Katihar.
5.   The Staff Selection Commission, through its Secretary Veterinary College,
     Patna- 14.
6.   The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna-
     14.
7.   The District Education Officer, Patna.
8.   The District Education Officer, Kishanganj.
         Patna High Court CWJC No.13425 of 2022(8) dt.02-04-2026
                                                      2/5




           9.    The District Education Officer, Saharsa, District- Saharsa.
           10. The District Education Officer, Madhepura, District- Madhepura.
           11. The District Education Officer, Shekhpura.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :         Mr. Qumrul Hoda, Advocate
                 For the State           :         Mr. Madhukar Mishra, A.C. to S.C.16
                 For B.S.S.C.            :         Mr. Madanjeet Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

8   02-04-2026                  Heard the learned counsel for the petitioners, learned

                   counsel for the State and the learned counsel appearing on

                   behalf of B.S.S.C.

                                2. The present writ petition has been filed for the

                   following reliefs:

                                                         “I) For issuance of an appropriate
                                             writ/writs., direction/directions or order in the nature
                                             of mandamus commanding and directing the
                                             respondents to treat the petitioners appointed along
                                             with persons who have been appointed in the year
                                             2012/in Adv. No. 210/2010 issued by respondent
                                             Bihar Staff Selection pursuant in the light of order of
                                             Hon’ble Supreme Court in SLP No. 1491/2014 and
                                             C.W.J.C. No. 17899/2012 for the post of 34540
                                             Assistant teachers and provided then pay protection
                                             in pay scale increment and also provide them
                                             seniority according to merit list prepared by
                                             respondent staff selection commission.
                                                         II) Further for a direction to the
                                             respondents to grant other consequential benefit
                                             (Notionally) treating them to be appointed in 2012
                                             along with other similarly situated persons and
Patna High Court CWJC No.13425 of 2022(8) dt.02-04-2026
                                             3/5




                                  particularly from the date when Junior to the
                                  petitioners in merit list had been appointed.
                                               III) Further for a direction to the
                                  respondents to grant arrears of salaries etc. of w.e.f.
                                  the date when Junior in merit list have been
                                  appointed.
                                               In Adv. No. 210/2010 for appointment of
                                  34540 for trained Assistant teacher the Bihar Staff
                                  Selection Commission here in referred as to
                                  Commission, the petitioners being trained candidates
                                  made     applications,   their     candidature     were
                                  scrutinized and after finding genuine, a merit list
                                  was prepared and they were give individual Roll
                                  OPID, the other persons were appointed in the year
                                  2012 but these petitioners were left illegally and
                                  they were appointed in 2019, vide Memo No.
                                  9858/A dated 07.05.2019.
                                               The appointment was delayed at the
                                  behest of respondents who wrongly and without any
                                  reason attributable by these petitioners and as such
                                  as per law laid down by the Hon’ble Court in
                                  C.W.J.C.     No.   663/2010,     2011(4)    PLJR   766
                                  following the Judgement/Order of Hon’ble Supreme
                                  Court 2008(7) Scc. 728 the petitioners are entitled to
                                  get all consequential benefits, since the date when
                                  Junior in merit list had been appointed.”
                      3. The learned counsel for the petitioners submits that

          present matter is squarely covered by the order dated

          03.05.2018, passed in C.W.J.C. No.4129 of 2016 (Ehtesham

          Anjum & Ors. Vs. The State of Bihar & Ors.), the order dated

          08.12.2025, passed in C.W.J.C. No.15663 of 2022 (Santosh

          Kumar & Ors. Vs. State of Bihar & Ors.) and the order dated
Patna High Court CWJC No.13425 of 2022(8) dt.02-04-2026
                                           4/5




          26.03.2026, passed by this Court in C.W.J.C. No.5305 of 2022

          (Bhushan Thakur & Ors. Vs. The State of Bihar & Ors.).

                      4. Having heard the learned counsel for the parties,

          the present writ petition is allowed exactly in terms of paragraph

          no.13 of the order dated 26.03.2026, passed in C.W.J.C.

          No.5305 of 2022, which reads as under:

                                                “13. Accordingly on the basis of
                                  the consideration made above, this court is of
                                  the view that the petitioners cannot be
                                  faulted for the period, their appointment was
                                  put on hold. The equity of the situation
                                  demands that the petitioners should be
                                  granted all the benefits on the basis of initial
                                  entry for the purposes of granting seniority,
                                  continuity, increment etc including the
                                  pensionary benefits. They will not be entitled
                                  for any salary for the period 2012 to
                                  November 2019, i.e. the date of their
                                  respective appointments. The respondent
                                  authorities are directed to calculate the
                                  entitlement of the petitioners, within a period
                                  of    three     months   from   the   date   of
                                  receipt/production of a copy of the order.
                                  The consequential benefits, as indicated
                                  above must be given to the petitioners within
                                  the aforementioned period of three months.”
                      5. The present writ is allowed to the extent indicated
           Patna High Court CWJC No.13425 of 2022(8) dt.02-04-2026
                                                      5/5




                     above and the petitioners will not be entitled for their salaries

                     for the period 2012 till their respective joining.

                                 6. Pending applications, if any, shall also stands

                     disposed of.


                                                (Ritesh Kumar, J.)

Sanjay/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.