Letters Withheld Despite Orders: Patna HC Orders Issuance Of Appointment Letters To Panchayat Teachers After 16 Years

Noting the continued failure of the Employment Unit under the Panchayat Raj Bhorah, District Saran at Chapra to issue appointment letters to candidates selected for the post of Panchayat Teacher in 2009 despite multiple judicial directions, the Patna High Court has directed the District Education Officer and the District Programme Officer (Establishment) to collect service particulars from the Employment Unit and take appropriate action to comply with the appointment orders passed earlier by the District Appellate Authority and later modified by the State Appellate Authority.

Justice Purnendu Singh, presiding over the case, stated, “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.”

“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 above ruling was made in a writ petition filed by sixteen petitioners whose names appeared in a select list dated 25.02.2009 for appointment as Panchayat Teachers under the Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2006, but the same was not implemented by appointing the petitioners on the post of Panchayat Teacher in accordance with the provision of the Rules, 2006.

Thereafter, the petitioners preferred appeal before the District Appellate Authority, Saran at Chhapra, which directed the Employment Unit to proceed with the appointment process within a period of two months. The direction of the District Appellate Authority was not complied and thus, the petitioners had to move the High Court. The High Court then directed the District Magistrate, Saran at Chhapra to ensure compliance of the orders passed by the District Teachers Employment Appellate Authority, Saran. However, the respondents passed by the District Appellate Authority before the State Appellate Authority, which then after considering the entire facts of the case, as well as, the 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.

The High Court noted in its order, “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.”

Accordingly, writ petition was disposed of.

Case Title: Ramesh Mahto and ors vs The State of Bihar. and ors

LL Citation: 2025 LiveLaw (Pat) 40

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