Created by Fuzzy Cloud

Patna High Court

Pushpraj Padmakar and AnrversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court held that the salary claim may be adjudicated on its merits, referencing the Supreme Court decision, even though the termination order remains under separate challenge.

Summary

The petitioners, three government teachers, filed a writ petition challenging their termination and seeking salary arrears from August 2013 onward. While a separate writ petition was pending on the termination order, the court found the interlocutory application to challenge the termination infructuous. The petitioners argued that, notwithstanding termination, they are entitled to salary for duties performed as Panchayat Teachers, invoking a Supreme Court decision (Man Singh v. State of Uttar Pradesh). The State contended that the District Programme Officer should verify duties and adjudicate the claim in light of that precedent. The court held that the salary claim could be considered on its merits without affecting the termination challenge, directing the District Programme Officer to hear a detailed representation and, if justified, pay the dues within a stipulated period. Consequently, the writ application was disposed of with the above directions.

Issues considered

  • Whether the termination order can be challenged separately from the claim for salary arrears.
  • Whether the petitioners are entitled to salary and interest for the period August 2013 to date despite termination.
  • Whether the court can direct the respondent authority to adjudicate the salary claim in light of the Supreme Court judgment.

Subjects

  • termination of service
  • salary arrears
  • Panchayat Teacher
  • writ petition
  • public service
  • adjudication
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2104 of 2019
                 ======================================================
           1.     Pushpraj Padmakar and Anr S/o Madan Prasad Singh R/o Village and P.o.-
                  Madhopur, Hazari, Ps.- Sahebganj, Distt.- Muzaffarpur, working as Teacher
                  at Govt. Primary School, Bangara Gachhi, Tola, Sahabganj, Distt.-
                  Muzaffarpur
           2.    Sabita Kumari W/o Sanjay Kumar R/o Village and P.o.- Madhopur Hazari,
                 P.s.- Sahebganj, Distt.- Muzaffarpur, working as Teacher at Upgraded
                 Middle School, Bangara Bazar, Sahabganj, Distt.- Muzaffarpur
           3.    Mritunjoy Kumar Singh S/o Ram Naresh Singh R/o Village - Bhindiya, P.o.-
                 Narayanpur, P.s.- Madhaura, Distt.- Saran, working as Teacher at Upgraded
                 Middle School, Bangara Bazar, Sahabganj, Distt.- Muzaffarpur
                                                                           ... ... Petitioner/s

                                                  Versus
           1.    The State Of Bihar and Ors through the Principal Secretary, Department of
                 Education, Govt. of Bihar, Patna
           2.    The Director Primary Education Govt. of Bihar, Patna
           3.    The District Magistrate Muzaffarpur
           4.    The District Education Officer Muzaffarpur
           5.    The District Programme Officer (Establishment) Muzaffarpur
           6.    The Block Development Officer Sahebganj, Muzaffarpur
           7.    The Block Equation Extension Officer Sahebganj, Muzaffarpur
           8.     The Secretary Gram Panchayat Raj Bangra Nizamat Sahebganj, Muzaffarpur
                                                                      ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Shashi Shekhar Tiwary, Advocate
                                               Mr. Anshu Kumar, Advocate
                                               Mr. Shashanka, Advocate
                 For the Respondent/s   :      Mr. Jitendra Kumar Roy1 (Sc13)
                                               Mr. Jai Prabhat Kishore, AC to SC-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

4   27-01-2026                      Re: I.A. No.01 of 2019

                                 The interlocutory application has been filed for

                   challenging the termination order; however, during the

                   pendency of the writ petition, the petitioners have filed a

                   separate writ petition challenging the termination order as

                   contained in Letter No. 3402 dated 03.09.2019, said to have

                   been issued by the District Programme Officer (Establishment),
Patna High Court CWJC No.2104 of 2019(4) dt.27-01-2026
                                            2/4




          Muzaffarpur. Accordingly, this interlocutory application has

          become infructuous.

                      2. In view of the above, the I.A. No.01 of 2019 is

          disposed of as having become infructuous.

                      Re: CWJC No.2104 of 2019

                      3. The writ application has been filed for the

          following reliefs:-

                          (i) Salary for the period of August 2013 till date.
                          (ii) Upto date statutory interest over the dues/
                          arrears abovesaid or the same remain pending due
                          to slagness on the part of answering respondents.
                          (iii) Any other relief for which the petitioner may
                          be found entitled to.


                      4. At this stage, learned counsel for the petitioners

          submits that, since the services of the petitioners have already

          been terminated and their termination is the subject matter of

          challenge made before this Court in separate writ application,

          and therefore, the respondents may be directed to adjudicate the

          claim of salary for the admitted period, in respect of the duties

          discharged by them, on the post of Panchayat Teacher, in light

          of the judgment rendered by the Hon’ble Apex Court reported in

          2022 LiveLaw (SC) 341 (Man Singh v. State of Uttar

          Pradesh).

                      5. Learned counsel for the State submits that an
Patna High Court CWJC No.2104 of 2019(4) dt.27-01-2026
                                            3/4




          appropriate direction may be issued to the District Programme

          Officer (Establishment) that, after verifying the duties

          discharged by the petitioners on the post of Panchayat Teacher,

          the admitted claims of salary may be adjudicated in light of the

          aforesaid judgment, for which appropriate time may be granted.

                      6. In view of the submissions made on behalf of both

          parties, this Court is of the view that, since the petitioners’ services

          have already been terminated and the termination is the subject

          matter of challenge, but in so far, the claim with respect to salary

          as against the duties discharged by the petitioners may be

          considered without creating any equity in their favour.

          Accordingly, Respondent No. 5/District Programme Officer

          (Establishment), Muzaffarpur, is directed to adjudicate the claim

          of the petitioner, who shall file a detailed representation along with

          all supporting documents within a period of four weeks from

          today, together with a copy of this order. The claim shall be

          adjudicated on its own merits, having regard to the duties

          discharged by the petitioners on the post of Panchayat Teacher

          for the period indicated above in light of the judgment of the

          Hon’ble Apex court rendered in the case of Man Singh (supra),

          and if the claim is found to be justified, the admitted dues shall

          be paid to the petitioners within a further period of twelve

          weeks from the date of filing such representation.
           Patna High Court CWJC No.2104 of 2019(4) dt.27-01-2026
                                                       4/4




                                 7. With the aforesaid observation and direction, the

                     instant writ application stands disposed of.



                                                             (Ajit Kumar, J)

shikha/-

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.