Simplified Explanation of the Judgment:
In a recent decision, the Patna High Court has ruled in favor of a group of teachers (referred to as petitioners) who were appointed between 2015 and 2019 under the Bihar Teacher Niyojan Rules, 2006 and 2008. These teachers were working in various middle schools in Saran District. However, they were later denied salaries and other service benefits based on the claim that their appointments did not comply with the Bihar Elementary Teacher Recruitment Rules, 2012.
The crux of the dispute lies in the retrospective application of the 2012 Recruitment Rules. According to the State authorities, all teacher appointments made after the implementation of the 2012 Rules should comply with its updated criteria, including revised qualifications and a gender-based reservation roster. The State further argued that these teachers were mistakenly appointed under the female quota for backward class candidates, despite being male, thereby rendering their appointments invalid.
The petitioners had already approached the High Court earlier in CWJC No. 13444 of 2019, where the Court had directed the authorities to verify their appointments and pay salaries if the appointments were found valid. However, the respondents did not act on this directive, and instead challenged the appointments again, asserting the applicability of the 2012 Rules.
In the current case, the Hon’ble Court emphasized that the earlier order in CWJC No. 13444 of 2019 had conclusively dealt with the issue of the applicable rules and legality of appointments. Since the State did not raise objections regarding the 2012 Rules at that stage, it was barred by the principle of constructive res judicata from raising it now.
The Court concluded that the petitioners were appointed under the rules prevailing at the time and had served without interruption from 2015 to 2019. Therefore, their appointments were deemed valid, and they are entitled to be absorbed as Block Teachers with full salary and benefits.
Significance or Implication of the Judgment:
This ruling is significant for thousands of similarly placed contractual or block-level teachers across Bihar. It clarifies that once appointments are made under the existing rules, later administrative objections cannot be used to deny salaries or service regularization. The judgment also reiterates that the government must follow due process and respect previous judicial directions.
For government departments, it serves as a caution to act promptly on court orders and ensure clarity in recruitment procedures to avoid legal entanglements and service hardship for public employees.
Legal Issue(s) Decided and the Court’s Decision:
- Whether teachers appointed under 2006/2008 Rules in 2015 were governed by 2012 Rules?
- No. The Court held their appointments were valid under the then-prevailing rules.
- Can the State now raise the applicability of 2012 Rules?
- No. It is barred by constructive res judicata due to failure to raise the issue earlier.
- Are the petitioners entitled to regularisation and salary?
- Yes. They are to be absorbed and paid salaries with all service benefits within 30 days.
Judgments Referred by Parties:
- CWJC No. 13444 of 2019 (earlier related case on salary payment and appointment verification).
Case Title:
Raghubir Thakur & Ors. vs. State of Bihar & Ors.
Case Number:
CWJC No. 140 of 2020
Citation(s):– 2025 (1) PLJR 65
Coram and Names of Judges:
Hon’ble Mr. Justice Bibek Chaudhuri
Names of Advocates and who they appeared for:
- For the Petitioners: Mr. Devendra Kumar Sinha (Senior Advocate), Mr. Abu Haidar, Mr. Abu Shajar
- For the State: Mr. Priyadarshi Matri Sharan (AC to AAG-15)
Link to Judgment:
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