After a long delay of 16 years, the Patna High Court has ordered the issuance of appointment letters to candidates selected for the post of Panchayat Teacher in 2009. The Court noted that despite several judicial directions, the Employment Unit under Panchayat Raj Bhorah, District Saran at Chapra, failed to act, causing immense hardship to the selected candidates.
Justice Purnendu Singh, while hearing the case, remarked,
“I have no alternative than to direct the District Education Officer and the District Programme Officer (Establishment) concerned to call for the service particulars relating to the petitioners from the Employment Unit and take appropriate action to comply with the order passed by the District Appellate Authority and as modified by the State Appellate Authority vide order dated 15.12.2020 which requires issuance of appointment letters to the petitioners.”
Read Also:- Patna High Court: Non-Registration Under Service Tax Not Fraud, Five-Year Limitation Not Applicable
The petitioners, sixteen in total, were part of a select list published on 25th February 2009 under the Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2006. However, despite clear selections, their appointments were not processed. Facing inaction, they appealed before the District Appellate Authority, which directed the Employment Unit to complete the appointment process within two months. Unfortunately, these directions were ignored, forcing the petitioners to approach the High Court.
The High Court, through earlier orders, directed the District Magistrate of Saran at Chhapra to ensure compliance. Meanwhile, the respondents challenged the District Appellate Authority’s order before the State Appellate Authority. After a detailed review, the State Appellate Authority upheld the petitioners' claims and ordered the Employment Unit to seek necessary approvals regarding vacancies and proceed with appointments.
Quoting from the Court’s observation,
“Considering the interregnum period, Rules, 2006 was repealed by Rules, 2012. Rule 18 of Rules, 2012 saves past actions, and the appointment process directed by the District and State Appellate Authorities remains valid.”
Despite these clear rulings, no appointment letters were issued. The State counsel argued that the Rules had changed over time, with Rules, 2012 later replaced by Rules, 2020, and the current selection now conducted under Rules, 2023 through open competition. However, the Court firmly held that the petitioners’ rights, established under the old rules, could not be ignored.
Highlighting the injustice, Justice Purnendu Singh stated,
“The petitioners were selected and were entitled to appointment letters which have been withheld arbitrarily by the Employment Unit for vested interests.”
Accordingly, the Court directed the District Education Officer and District Programme Officer (Establishment) to immediately collect the service details of the petitioners from the Employment Unit and issue appointment letters in compliance with previous appellate authority orders.
The writ petition was finally disposed of with firm directions ensuring justice to the long-waiting candidates.
Case Title:
Ramesh Mahto and Others vs The State of Bihar and Others
