Employment termination without notice violates constitutional rights to fair treatment under Articles 14, 16, and 21.

ORAL ORDER

2 03-12-2025

Heard learned counsel for the petitioners and learned counsel for the Respondent-State.

2. The petitioners in the present writ application have prayed for the grant of following reliefs:-

(i) For issuance of appropriate writs order/orders, direction/s to the respondent authorities to set aside Letter No. 09/B1, bi, Pa, Ra, 09/2015-325 dated 30.03.2024 (Annexure-P3) issued by Mr. Kanhaiya Prasad Srivastava, Director Secondary Education, Education Department Govt. of Bihar whereby and whereunder direction has been issued to the concern authorities, not to take the service of guest teacher in Higher Secondary School of the state with effect from 01.04.2024 by which Petitioners have terminated from the post of guest teacher in different school without any notice or opportunity.

(ii) For issuance of appropriate writs order/orders, direction/s against the respondents authority to re-appoint the Petitioners on the post of guest teacher in which they have already continue working for last more than 06 years.

(iii) For issuance of appropriate writ, writs, order / orders, direction/s to stay the operation of the letter dated 30.03.20024 issued by the Directors, Secondary Education Govt. of Bihar because action of the respondents are clear out violation the Article 14 , 16 and 21 of the Constitution of India .

(iv) And/or for any other relief or reliefs to which the petitioners may be found entitled to in course of hearing of this writ application.

3. Learned counsel for the petitioner Ms. Sonam Kumari submits that the issue involved in the present writ application is no longer res integra as the same issue has been decided by a Coordinate Bench of this Court vide judgment dated 27.01.2025 passed in CWJC No. 1003 of 2025 (Annexure-P/6). On the basis of the said judgment passed by a Coordinate Bench, learned counsel for the petitioners submits that similar reliefs should be extended to the petitioners.

4. While opposing the prayer made by learned counsel for the petitioners, learned counsel for the Respondent-State brings to the notice of this Court that the said judgment dated 27.01.2025 passed in CWJC No. 1003 of 2025 passed by a Coordinate Bench of this Court has been challenged by the Respondent-State of Bihar by preferring an Appeal bearing LPA No. 238 of 2025 (State of Bihar & Ors. Vs. Rajesh Kumar Singh ) and the Division Bench of this Court vide order dated 20.08.2025 has been pleased to stay the implementation and operation of the judgment and order dated 27.01.2025 passed in CWJC No. 1003 of 2025 , until final disposal of the appeal.

5. In light of these facts and circumstances stated above, put up this case after final disposal of LPA No. 238 of 2025 (State of Bihar & Ors. Vs. Rajesh Kumar Singh ). Parties are at liberty to bring to the notice of this Court about the disposal of LPA No. 238 of 2025, so that the present matter can be taken up for passing appropriate order.