Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
AJIT KUMAR
Pankaj Kumar S/o Late Shambhu Sharan Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. petitioner's claim based on similar cases. (Para 3 , 4 , 5 , 6 , 7) |
| 2. arguments for equivalent treatment and salary. (Para 8 , 9 , 10) |
| 3. state's counterarguments on claims. (Para 11 , 12) |
| 4. acceptance of the petitioner's status and verification. (Para 13 , 14 , 15) |
| 5. writ petition disposed with directions. (Para 16) |
JUDGMENT :
AJIT KUMAR, J.
1. Heard Mr. Abhishek Krishna Gupta, learned counsel for the petitioner and learned GA-12 duly assisted by Ms. Abhanjali, learned AC to GA-12.
2. Learned counsel for the petitioner has filed the instant writ application for payment of salary from the date of joining in terms of the judgment rendered by the Hon’ble Division Bench in Letters Patent Appeal No. 63 of 2014 vide order dated 01.09.2016.
3. It is the case of the petitioner that as against 18 vacant posts of Panchayat Teachers, the petitioner’s appointment under the Bihar Panchayat Primary Teacher (Appointment and Service Conditions) Rules, 2006 was made. Later, the petitioner’s appointment was alleged to be illegal terming him to have wrongly entered into the service and accordingly, the claim of payment of salary was not made, since the date of joining. It is the case of
Court affirmed the validity of the petitioner's ongoing employment, rejecting claims of illegality due to lack of adverse findings and directing timely payment of due salary.
Salary claims in public service are contingent upon the legality of the appointment; illegal appointments do not confer entitlement to salary.
Panchayat Teachers are contractual employees and not government servants; thus, they are not entitled to the same legal protections regarding continuity of service and back wages as government employ....
The court reaffirmed that appointments based on invalid qualifications can be deemed fraudulent and upheld the necessity of proving the legitimacy of educational credentials.
Process of judicial interpretation lies in extending or applying by analogy ratio decidendi of an earlier case to a subsequent case which differs from it in certain essentials.
The main legal point established in the judgment is the illegality of appointments made by the Panchayat Employment Committee, the entitlement of the writ petitioner to be offered appointment and con....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
