Patna High Court
Pushpa KumariversusState of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court ordered the respondents to pay the petitioner all salary due from the date of the earlier relief order and to permit her to mark attendance, thereby disposing of the writ petition.
Summary
The petitioner, Pushpa Kumari, a Panchayat Teacher, challenged her removal from service on the ground that the termination order was passed without an enquiry, violating principles of natural justice. The High Court noted that earlier proceedings (CWJC No.7028 of 2011, Civil Review No.142 of 2013) had set aside the termination and allowed her to resume duties from 16‑12‑2014, but her salary remained unpaid and she was barred from marking attendance. The Court directed the Block Development Officer and other officials to issue orders within four weeks for payment of all salary due from the date of the relief order and to permit her to mark attendance. Subsequent hearings reiterated the direction, placing responsibility on the Panchayat Secretary and Block Education Officer to comply, and cited the quashing of a 2007 inquiry report in Shashikala Devi v. State of Bihar. Finally, the Court ordered the respondents to pass the necessary orders within six weeks and disposed of the writ petition.
Issues considered
- Whether the termination of the petitioner’s appointment violated the principles of natural justice.
- Whether the petitioner is entitled to back salary and regularisation of service from the date of the earlier relief order.
- Whether the respondents are obligated to allow the petitioner to mark attendance for duties performed.
- Implementation of the earlier court order in view of the quashed 2007 inquiry report.
Subjects
- salary entitlement
- natural justice
- wrongful termination
- attendance rights
- Panchayat teacher
- service restoration
- writ petition
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18900 of 2021
======================================================
Pushpa Kumari Wife of Arun Kumar Resident of Village Chipura Kala, P.O.-
Chipura Khurd, P.S.- Gaurichak, District- Patna, presently posted as
Panchayat Teacher, Government Primary School- Chipura Kala, Block-
Sampatchak, Dist- Patna.
... ... Petitioner/s
Versus
1. State of Bihar through the Principal Secretary, Human Resources
Development Department Government of Bihar, Patna
2. The Principal Secretary, Human Resources Development Department
Government of Bihar, New Secretrait, Patna
3. The Director Panchayat Raj, Bihar, Patna
4. The District Magistrate Patna
5. The District Programme Officer, Patna
6. The District Panchayat Raj Officer, Patna
7. The Block Development Officer, Sampatchak Patna
8. The Block Education Officer, Patna
9. The Gram Panchayat, Chipura Khurd, Block- Sampatchak, Patna through its
Secretary
10. Mukhiya, Gram Panchayat, Chipura, Block- Sampatchak, Dist- Patna
11. The Panchayat Secretary Gram Panchayat Chipura Khurd Sampatchak, Dist-
Patna
12. The Principal-in- charge, Government Primary School, Chipura Kala,
Sampatchak, Dist- Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Verma
Mr.Onkar
Mr.Ajit Kumar Singh
For the State : Mr.Madhukar Mishra (Ac to Sc16)
For Respondent No.11 : Mr.Satish Kr. Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
7 05-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. This Court on 14.10.2025 has directed for passing
Patna High Court CWJC No.18900 of 2021(7) dt.05-01-2026
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necessary orders with regard to payment of salary as against the
duties which are said to have been discharged by this petitioner,
for which she is entitled in law, and the extract of the order
passed is re-produced as under:-
“Heard learned counsel for
the petitioner and learned counsel for
the State.
2. Learned counsel for the
petitioner submits that vide Annexure-
P/3, without holding any enquiry by
following principles of natural justice,
the petitioner’s appointment was held
to be forged and accordingly, the
petitioner was removed from the
service. It has next been submitted that
this order was passed during pendency
of the writ petition being C.W.J.C. No.
7028 of 2011, filed for payment of
salary, and, therefore, the same became
the subject matter of consideration
through I.A. No. 1098 of 2013 and was
accordingly challenged in the said writ
petition and further Civil Review
preferred being Civil Review No. 142
of 2013 having been considered and
the writ petition was allowed setting
aside that order of termination, passed
by the Block Education Extension
Officer, Sampatchak, Patna. In
pursuant thereto, Annexure-P/8, as
contained in Letter No. 13, dated
04.12.2014 and Letter dated
16.12.2014, appended in the writ
petition as Annexure-P/9 is said to
have been issued, whereby the
petitioner was allowed to work on the
post of Panchayat Teacher without any
hindrance.
3. It has next been submitted
that after having issued Annexures- P/8
Patna High Court CWJC No.18900 of 2021(7) dt.05-01-2026
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and P/9, whereby the petitioner was
allowed to discharge the duties of the
said post, still the regular salaries have
not been paid and now she is not being
permitted to mark her attendance.
4. Learned counsel for the
respondents is directed to take
instructions in this case and bring on
record the necessary orders with
regard to payment of salary, in
compliance with the direction issued by
a Coordinate Bench of this Court,
where the services of this petitioner
was restored in continuity by the
respondents, who have allowed the
petitioner to continue in service since
16.12.2014 and intermittently at some
interval certain amounts have been
paid as against the salary.
5. In view of the above, it is
made clear that within the period of
four weeks from today, the salary, for
which the petitioner is entitled in law
since the date of issuance of
Annexures- P/8 and P/9, necessary
orders shall be passed by the Block
Development Officer, Sampatchak,
Patna (Respondent No. 7) and paid to
the petitioner, failing which, on the next
date of hearing, the Block Development
Officer, Sampatchak, Patna shall be
present in the Court to justify his action
for not carrying out his legal
obligation.
6. List this case on
18.11.2025.”
3. Again this matter was taken up and the counsel for
the respondents apprised this Court that with regard to payment
of salary needful actions are required to be taken by Panchayat
Secretary, Gram Panchayat Chipura and Block Education
Patna High Court CWJC No.18900 of 2021(7) dt.05-01-2026
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Officer, Sampatchak, who may accordingly be directed to file
their response for adjudication of the dispute in question, and
accordingly, on 25.11.2025, the following order was passed:-
“Learned counsel for the
petitioner is directed to file rejoinder to
the counter affidavit filed on behalf of
Respondent No.7/the Block
Development Officer, Sampatchak,
Patna who has apprised this Court
through the affidavit that this matter is
related with ‘Panchayat Niyojan Eekai’
and the needful action for payment of
the salary to this petitioner has to be
taken by Respondent No.9/Panchayat
Secretary, Chipura, Block- Sampatchak,
Patna and Respondent No.8/the Block
Education Officer, Sampatchak, Patna.
From the counter affidavit filed on
behalf of the Respondent No.7/the
Block Development Officer,
Sampatchak, Patna, it appears that vide
letter no. 1300 dated 22.10.2025, he
has informed the Block Education
Officer, Samapatchak and vide letter
no. 1314 dated 24.10.2025 to the
Respondent No.11/the Panchayat
Secretary, Gram Panchayat Chipura,
Sampatchak, Dist- Patna to file
appropriate affidavit in this case for
adjudication.
2. Learned counsel
representing Respondent No.11/the
Panchayat Secretary, Gram Panchayat
Chipura, Sampatchak has appeared in
this case and prays for some time to file
response to the counter affidavit
seeking intervention of this Court for a
direction upon the learned counsel for
the petitioner to serve a copy of the writ
petition and other affidavits which have
been filed in this case.
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3. Learned counsel for the
petitioner undertakes to serve a copy of
the instant writ petition along with
other affidavit which have been filed in
this case enabling learned counsel for
Respondent No.11 to file the response
within a period of one week from today.
4. Respondent-State is also
directed to take instruction from
Respondent no.8/ the Block Education
Officer, Sampatchak, Patna, as to why
this petitioner is not being allowed to
mark her attendance for the duties
discharged by her.
5. It is also made clear that if
there is no hindrance in allowing her to
mark attendance as against the duties
discharged, the same shall be allowed
by passing appropriate order by the
concerned authority and the said order
will be brought on record by the next
date of hearing for consideration of the
Court.”
4. In view of the order dated 14.10.2025 and
25.11.2025, the counsel representing Respondent No. 11 -
Panchayat Secretary Gram Panchayat Chipura Khurd
Sampatchak, Dist- Patna has appeared and fairly submitted that
in view of the Inquiry Report of District Panchayti Raj Officer
of the year 2007 having been quashed by Co-ordinate Bench of
this Hon’ble Court vide order dated 12.07.2013 passed in CWJC
No. 798 of 2011 (Shashikala Devi vs. State of Bihar & Ors.)
Annexure-P/22, now nothing survives, which could hinder the
implementation of relief sought by this petitioner.
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5. In view of submissions so made by counsel for the
respondent concerned, the Respondent No. 11 is directed to pass
necessary orders in view of the report having been quashed by
Co-ordinate Bench, by permitting this petitioner to mark her
attendance in the school, and as also to ensure the payment of
salary for the duty discharged by referring to the records, by
passing an appropriate order within a period of six weeks from
the date of representation with all supportive materials
including order passed by this Court.
6. Accordingly, the instant writ petition stands
disposed of.
(Ajit Kumar, J)
abhishekkr/-
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