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Patna High Court

Shashi Kant Lal ChaudhariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court found no perversity or palpable unreasonableness in the Single Judge’s order and dismissed the Letters Patent Appeal.

Summary

Shashi Kant Lal Chaudhari, appointed as a Tola Swayamsevak in 2010, sought continuity of service, payment of due salary and allowances, and quashing of an order rejecting his original appeal. The State Appellate Authority dismissed his appeal without legal consideration, leading him to file a writ petition which was held non‑maintainable by a Single Judge, relying on a 2017 Patna High Court decision. Chaudhari appealed this order through a Letters Patent Appeal, arguing that his appointment was a permanent post falling within the jurisdiction of Article 226. The respondents contended that the Tola Swayamsevak position is not a permanent appointment and therefore not amenable to judicial review. The Court examined the earlier judgment (L.P.A. No. 2185 of 2015) and found no perversity or palpable unreasonableness in the Single Judge’s decision. Consequently, the Letters Patent Appeal was dismissed.

Issues considered

  • Whether the appointment of a Tola Swayamsevak constitutes a permanent appointment under the State, making the writ petition maintainable under Article 226 of the Constitution.
  • Whether the Single Judge’s order dismissing the writ petition was perverse or unreasonably erroneous.

Subjects

  • appointment
  • service continuity
  • writ petition
  • Article 226
  • Tola Swayamsevak
  • maintainability
  • Letters Patent Appeal

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Letters Patent Appeal No.575 of 2025
                                    Arising out of
                            C.W.J.C. No. 17938 of 2023
     ======================================================
     Shashi Kant Lal Chaudhari, Son of Late Ladoo Chaudhary @ Ladu Lal
     Chaudhary, Resident of village Karichak, Post Chapki, District- Begusarai.

                                                                     ... ... Appellant
                                    Versus
1.   The State of Bihar through Principal Secretary Education Department,
     Government of Bihar, Patna.
2.   The Joint Secretary Education Department, Govt. of Bihar, Patna.
3.   The District Education Officer, Begusarai.
4.   The District Programme Officer, (Establishment), Begusarai.
5.   The Block Education Officer, Begusarai Block District Begusarai.
6.   The Principal Upgraded Urdu Middle School, Karichak, District- Begusarai.
7.   The District Programme Officer, Sharve Siksha Abhiyan, Begusarai.

                                               ... ... Respondents
     ======================================================
     Appearance :
     For the Appellant/s    :      Mr. Jai Kishor Poddar, Advocate
     For the Respondent/s   :      Mr.Addl. Advocate General (13)
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 16-04-2026

                  This Letters Patent Appeal has been filed by Shashi

      Kant Lal Chaudhari challenging the order dated 07.01.2025

      passed by the learned Single Judge in C.W.J.C. No. 17938 of

      2023 in holding that in view of the judgment dated 02.02.2017

      passed by this Court in L.P.A. No. 2185 of 2015, the writ

      petition is not maintainable.

                  The writ petition was filed by the appellant seeking
Patna High Court L.P.A No.575 of 2025 dt.16-04-2026
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         for the following relief(s):

                      “(A) For quashing of the order dated 13-1-2023
                             passed by the State Appellate Authority
                             (Education Department, Bihar) Patna in
                             O.A.      No.      1022/2022   whereby   and
                             whereunder the original appeal filed by the
                             petitioner has been rejected without any
                             legal consideration.
                      (B) For grant him continuity of service on the
                             post of Tola Swam Sewak at Karichak Tola
                             in Up graded Urdu Middle School,
                             Karichak, District- Begusarai till the
                             completion of 60 years of age in view of the
                             memo No. 1529 dated 26-08-2015 of the
                             Education Department, Bihar
                      (C) A direction for payment of due salary
                             allowances of the petitioner with interest.
                      (D) Any other order/orders under the facts and
                             circumstances of the case.
                      2. Though no counter affidavit was filed during the

         pendency of the writ petition, but in the Letters Patent Appeal

         counter affidavit has been filed on behalf of Respondents No. 3

         to 5, sworn by the District Education Officer, Begusarai,

         wherein, it is stated that the appellant was appointed as Tola

         Swayamsevak in the light of Tola Swayamsevak Niyojan Form

         No. 05 issued under the joint signature of the then Chairman of

         Tola Swayamsevak Committee -cum- Tola Samitee Urdu M.S.
Patna High Court L.P.A No.575 of 2025 dt.16-04-2026
                                             3/4




         Karichak, Block- Begusarai and the then H.M. of Urdu M.S.

         Karichak, Block- Begusarai. The appellant joined on 06.03.2010

         in the aforesaid school and worked continuously till 05.03.2013

         and he has received all his salary for the working period. It is

         further stated that the then D.P.O. (Secondary Education) -cum-

         B.E.O., Begusarai submitted a report regarding niyojan as Tola

         Swayamsevak to the D.P.O. (Establishment), Begusarai vide

         Letter No.472 dated 30.11.2023 which makes it clear that the

         appellant had not filed his application before the concerned

         Committee for his reniyojan and in inquiry the said centre was

         also found to be closed. It is further stated in the counter

         affidavit     that     neither     the       appellant’s   niyojan   as Tola

         Swayamsevak had been extended by the competent authority

         nor the work had been taken from him after March, 2012, and as

         such, the scheme would not be applicable. It is further stated

         that the Division Bench decision on which reliance has been

         placed by the learned Single Judge states that since the selection

         or engagement or hiring of the Tola Swayamsevak is not a

         permanent appointment under the State, which is required to be

         considered under Article 226 of the Constitution of India,

         therefore, the appeal was dismissed.

                      3. Considering the submissions made by the learned
             Patna High Court L.P.A No.575 of 2025 dt.16-04-2026
                                                          4/4




                      counsel for the respective parties and after going through the

                      stand taken by the State in the counter affidavit, and particularly

                      in view of the Division Bench order dated 02.02.2017 passed by

                      this Court in L.P.A. No. 2185 of 2015; since we find no

                      perversity or palpable unreasonableness in the order passed by

                      the learned Single Judge, we are not inclined to entertain this

                      Letters Patent Appeal, which stands dismissed.

                                   4. Interlocutory Application(s), if any, shall also stand

                      disposed of.




                                                          (Sangam Kumar Sahoo, CJ)


                                                                   (Harish Kumar, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date          18.04.2026
Transmission Date


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