The court emphasized the obligation of authorities to consider relevant service records in employment disputes.

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

11 02-12-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The instant writ petition has been filed for the following reliefs:-

“(i) To issue a writ of certiorari for quashing the order dated 07.12.2018 passed by Sri R.K. Mahajan, the Additional Chief Secretary, Education Department, Government of Bihar, Patna whereunder and whereby the additional Chief Secretary has rejected the proposal of approval of service of the petitioner on the ground that the petitioner was appointed on a post which is not a sanctioned post.

(ii) To issue writ/writs, order/orders, direction/directions to the respondents to approve the service of the petitioner or pass such other order/orders, direction/directions as your Lordships may deem fit and proper.”

3. Mr. P.N. Shahi, learned senior counsel for the petitioner submits that this petitioner after passing B.Ed examination had applied for the post of Teacher in Sahu Jain Girls High School, Mirganj, Gopalganj and pursuant to the Advertisement and the recommendation of the Selection Committee, the Governing Body of the School, made petitioner’s appointment vide letter no. 250, dated 30.10.1986 and since the date of appointment, the petitioner had been regularly working as a Science Teacher in the School in question. Subsequently, this petitioner had already passed B.Sc examination with Physics, Chemistry and Mathematics and as such the pay of the petitioner was fixed by the Government, vide Letter No. 8114-16, dated 07.12.1987.

4. It has next been submitted by the learned senior counsel that on the basis of said pay fixation, the petitioner was paid salary w.e.f. 10.11.1986 and the said payment continued to be made by the State Government till June, 1999. The Special Director, Education vide letter no. 508, dated 13.09.1999 had directed all the District Education Officers that all the Teachers, who have been appointed after 02.10.1980, who continued to get their salary, even though their services have not been approved by the Staff Selection Commission, are not entitled for salary as per the pay fixation. Hence, pursuant to the said order, issued by the Special Director, Department of Education, the salary of this petitioner along with others were stopped by the order of District Education Officer, Gopalganj, vide letter no. 60, dated 05.02.1980. Against the issuance of this letter dated 05.02.1980, the petitioner approached this Court vide C.W.J.C. No. 11216 of 2004 and Hon’ble Court disposed of the writ petition with a direction to the Secretary and the Chairman of the Vidyalaya Seva Board to take a final decision with regard to claim of this petitioner and grant approval to the appointment of this petitioner, within a month from the date of receipt/production of a copy of the order.

5. It has next been submitted that after receipt of a copy of the order dated 21.03.2005, the District Education Officer vide letter no. 575, dated, 30.12.2005 sent the records of the petitioner and others before the Staff Selection Committee, Patna, who instead of taking decision within the time frame, sat over the same and the petitioner was compelled to file contempt petition being M.J.C. No. 2680 of 2005 and during pendency of the said contempt petition, the District Education Officer, Gopalganj, vide letter no. 123, dated 30.01.2006 rejected the case of the petitioner.

6. Against the said rejection order, this petitioner had again knocked the door of this Court vide C.W.J.C. No. 1540 of 2007 and during the pendency of the said writ petition, a fresh proposal was submitted before the Staff Selection Commission, vide