Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The petitioner is not at fault for the delay, and the respondents must ensure his appointment is effected.
Summary
The petitioner, a Math teacher, was appointed by the Bihar Public Service Commission to a senior secondary teaching post at Sri Ramnandan High School, Vaishali, and was issued a provisional appointment letter on 2 Nov 2023. He could not join because his previous employer, Sarvodaya High School, failed to issue a relieving letter or accept his resignation, despite a later memo (30 Aug 2025) and a communication (23 Sep 2025) confirming acceptance. The petitioner sought a writ directing the new school’s head‑master to accept his joining and to obtain a relieving letter from the former school. The court found that the delay in issuing the relieving letter was not the petitioner's fault and that the authorities were statutorily obliged to process the resignation promptly. Consequently, the court ordered the District Education Officer, Vaishali, to direct the head‑master of Sri Ramnandan High School to accept the petitioner’s joining within four weeks. The writ petition was allowed.
Issues considered
- Whether the petitioner is entitled to be appointed to the new teaching post despite the previous employer’s failure to issue a relieving letter.
- Whether the delay and alleged laches by the head‑master of the former school constitute a ground to deny the petitioner’s appointment.
- Whether the statutory duty to issue a relieving letter imposes an obligation on the respondent authorities to facilitate the petitioner’s joining.
Subjects
- appointment
- relieving letter
- government service
- writ petition
- public service commission
- laches
- employment law
- education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5709 of 2025
======================================================
Pawan Kumar Son of Parshuram Prasad, Resident of village -Sondhani, P.S.-
Bhagwanpur Haat, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Higher Education
Department, Govt. of Bihar, Patna.
2. The Chairman, Bihar Public Service Commission, Bailey Road, Patna.
3. The District Education Officer, Vaishali.
4. The Headmaster, Sri Ramnandan High School, Bidupur Bazar, P.S- Bidupur,
District- Vaishali.
5. The Deputy Development Officer, Siwan
6. The District Education Officer, Siwan.
7. The District Programme Officer (Establishment), Siwan.
8. The Headmaster, Sarvodaya High School (plus 2), Chakiya Chaturvedi,
Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Adv.
For the Respondent/s : Mr. Anjani Kumar, AAG-4
For the BPSC : Mr. Sanjay Pandey, Adv.
Mr. Nishant Kumar Jha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 02-02-2026
Heard the parties.
2. The petitioner has invoked the jurisdiction of this
Court seeking a direction upon the respondent authorities
especially the Head-Master of the Sri Ramnandan High School,
Bidupur Bazar, Vaishali to accept his joining on the post of
Teacher (Math) (10+2) category, in terms with the result
published in the examination duly conducted by the Bihar
Patna High Court CWJC No.5709 of 2025 dt.02-02-2026
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Public Service Commission, Patna on 25.08.2023 and
26.08.2023. The relief has also been sought for issuance of
relieving letter from earlier school, namely, Sarvodaya High
School (+2), Chakiya Chaturvedi, Bhagwanpur Haat, Siwan
where the petitioner has been discharging his duty as a Niyojit
Teacher.
3. Learned Advocate for the petitioner, briefly stated,
that the petitioner was working as a Math Teacher in Sarvodaya
High School (+2), Chakiya Chaturvedi, Bhagwanpur Haat,
Siwan. In the meantime, in pursuant to an advertisement issued
by the Bihar Public Service Commission for appointment to the
post of Senior Secondary Teacher in different school of Bihar,
the petitioner appeared in the examination and has been
declared qualified for the post of Teacher in the school of (+2)
category for the subject of math.
4. Having completed the counseling-cum-orientation,
the petitioner was sent for training at BRC, Goraul, which he
has also completed successfully. Accordingly, the provisional
appointment and joining letter was issued to the petitioner with
a direction to join on the post of Teacher (Math) in Sri
Ramnandan High School, Bidupur Bazar, Vaishali; the copy of
the appointment letter has been placed on record as Annexure-
Patna High Court CWJC No.5709 of 2025 dt.02-02-2026
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P/4.
5. Despite the appointment letter having been issued
on 02.11.2023, the Sarvodaya High School (+2), Chakiya
Chaturvedi, Bhagwanpur Haat, Siwan neither issued relieving
letter nor even the resignation tendered by the petitioner has
been accepted. On account of the aforesaid reason, the joining
of the petitioner could not be accepted in the newly allotted
school i.e. Sri Ramnandan High School, Bidupur Bazar,
Vaishali. In the aforesaid premise, the petitioner has approached
this Court.
6. Learned Advocate for the petitioner submitted that
on account of the laches by the Head-Master of the earlier
school, in question, who has neither issued the relieving letter
nor has accepted the resignation of the petitioner and, in the
meantime, the period of joining has been expired, hence a
direction is required to the Head-Master of Sri Ramnandan High
School, Bidupur Bazar, Vaishali to accept the joining of the
petitioner; as for the fault of the respondent, the petitioner
cannot be put to suffer.
7. A counter affidavit has been filed on behalf of the
respondent no. 6. This Court is apprised that during pendency of
the writ petition finally the Deputy Development
Patna High Court CWJC No.5709 of 2025 dt.02-02-2026
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Commissioner-cum-Executive Officer, Zila Parishad, Siwan
vide Memo No. 1889 dated 30.08.2025 has accepted the
resignation of the petitioner and accordingly, a communication
in this regard has also been made to the petitioner by the District
Programme Officer (Establishment), Siwan vide Letter No.
4793 dated 23.09.2025. The aforesaid letter has also been
communicated to the Head-Master, Sarvodaya High School
(+2), Chakiya Chaturvedi, Bhagwanpur Haat, Siwan.
8. Having heard the parties, this Court finds substance
in the submissions of the learned Advocate for the petitioner.
Admittedly, the resignation of the petitioner has been accepted
belatedly vide Memo No. 1889 dated 30.08.2025 and a
communication has been given to the petitioner vide Letter No.
4793 dated 23.09.2025, notwithstanding the authorities concern
were under statutorily obliged to issue relieving letter or to
accept the resignation forthwith, if there was nothing adverse
against the petitioner; hence in that view of the matter, the
petitioner cannot be said to be at fault.
9. In the aforesaid facts and circumstances, this Court
directs the District Education Officer, Vaishali to look into the
matter and issue an appropriate direction to the Head-Master of
Sri Ramnandan High School, Bidupur Bazar, Vaishali for
Patna High Court CWJC No.5709 of 2025 dt.02-02-2026
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acceptance of the joining of the petitioner, in accordance with
law within a period of four weeks, from the date of
receipt/production of a copy of this order; whereupon the
concerned Head-Master of Sri Ramnandan High School,
Bidupur Bazar, Vaishali shall be obliged to accept the joining of
the petitioner, forthwith.
10. Accordingly, the writ petition stands allowed.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 04.02.2026.
Transmission Date NA
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