Patna High Court Orders Appointment Of Panchayat School Teachers Selected In 2009 After 16 Years

The Patna High Court has issued order for appointment of Panchayat School Teachers selected in 2009 after a big gap of sixteen years.

The Court was considering a Writ-Petition seeking direction to the Employment Unit of Gram Panchayat for issuance of Appointment Letters in favour of Petitioners on the post of Panchayat Teacher.

The single bench of Justice Purnendu Singh observed, "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."

The Petitioners were represented by Advocate Rajeev Kumar Singh while the Respondents were represented by Assistant Counsel to Government Pleader Amit Bhushan.

Facts of the Case

The Petitioners’ name figured in the select list which was published on February 2nd, 2009 and the same was not implemented by appointing the Petitioners on the post of Panchayat Teacher in accordance with the provision of Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2006. Thereafter, the Petitioners preferred Appeal before the District Appellate Authority which directed the Employment Unit to proceed with the appointment process within a period of two months. The due directions were not complied with and the Petitioners were forced to approach the Court.

The Respondents challenged the order passed by the District Appellate Authority before the State Appellate Authority which after considering the entire facts of the case, as well as, the Resolution particularly Clause ‘3’ of the said Resolution, directed the Respondents to consider the claim of the Petitioners and had also directed the Respondent Employment Unit to seek due approval with regard to the vacancy from the competent authority of the Government

Counsel for the Respondent referred to Rule 18 of the Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2012 which saves all the past action taken to contend that the condition contained in Sub Clause ‘3’ is required to be carried by the said authority.

On the other hand, Counsel for the State submitted that the Rules, 2006 has been repealed by Rules, 2012 and Rules, 2012 has subsequently been repealed by the the Bihar Panchayat Elementary School Service (Appointment, Promotion, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2020 and now selection process relating to appointment of teacher is conducted by open competition in terms of the Bihar School Exclusive Teachers Rules, 2023. He thus averred that in view of the subsequent development, the executive instruction contained in Resolution No. 465 dated July 09, 2012 cannot be given effect and as such there is no merit in the present Writ Petition.

Reasoning By Court

The Court recognized that the Petitioners were selected for being appointed as Panchayat Teacher and the Employment Unit did restrain from issuing appointment letter to the Petitioners.

"Considering the interregnum period, Rules, 2006 was repealed by Rules, 2012. Rule 18 of Rules, 2012 saves past action and in this background petitioner claims that since they were selected and appointed letter was not issued due to arbitrary action of the Employment Unit for their own vested interest, the appointment of the petitioners directed by the District Appellate Authority, as well as, the State Appellate Authority has not been questioned in any manner and this Court had directed to execute the same. In spite of clear observation made by the State Appellate Authority in its order, the respondents have not issued appointment letter in favour of the petitioners till date," the Court observed.

The Petition was disposed off with due directions.

Cause Title: Ramesh Mahto vs. The State of Bihar

Appearances:

Petitioner- Advocate Rajeev Kumar Singh, Advocate Rushali

Respondent- Assistant Counsel to Government Pleader Amit Bhushan

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