IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVIEW No.163 of 2022 In Civil Writ Jurisdiction Case No.427 of 2022 ====================================================== 1. Prof. Gyandeo Prasad Tiwary, S/o Late Sarbdeo Tiwary, R/o Mohalla Vrindawan Colony, P.O.- Chapra, P.S.- Bhagwan Bazaar, District- Saran, Pin- 841301. 2. Dr. Gajendra Prasad Singh S/o Late Ram Charitra Singh, Residing at House no. 683, (Behind SBI training Centre), P.O.- Deoghar, P.S.- Deoghar, District- Deoghar, Jharkhand. 3. Dr. Abdul Malik S/o- Late Hafir MD. Salim, R/o- Muhalla- Nayee bazar, P.O.- Chapra, P.S.- Bhagwan Bazar, District- Saran. 4. Dr. Sunil Kumar Verma S/o- Late Krishna Mohan Prasad Verma, R/o- Muhalla Prabhunath Nagar, P.O.- Tadi, P.S.- Chapra, Muffasil, District- Saran. 5. Dr. Om Prakash Singh S/o- Late Thakur Prasad Singh, R/o- Vill- Pakridih, P.O- Pakari Mohammad, P.S.- Amnour, District- Saran, Pin- 841218. 6. Dr. Ram Narayan Roy S/o- Late Giriwar Roy, R/o- Vill- Mishraulia, P.O.- Magaidih, P.S.- Chapra, Muffasil, District- Saran, Pin- 841316. 7. Dr. Ram Prasad Yadav S/o- Late Ram Dayal Rawat, R/o Muhalla Masoomganj, (Ward no.4), P.O. and P.S.- Bhagwan Bazar, District- Saran. 8. Geeta Singh W/o- Late Dr. Binod Kumar Singh, Residing at Glat No. 204, Second Floor, Ashwani Enclave-II, South of AIIMS, P.O. and P.S.- Phulwarisharif, District- Patna, Pin- 801505. 9. Dr. Tapaswi Prasad Singh S/o- Late Ganga Prasad Singh, Residing at Sona Sadan, Dahiyawan, P.O.- Tari, P.S.- Muffasil, District- Chapra. 10. Dr. Kapildeo Singh S/o- Late Girdhari Prasad Singh, R/o- Vill- Narayan Nagar, P.O.- Gurukul Mehiya, P.S.- Muffasil, Chapra, District- Saran, Pin- 841302. 11. Dr. Vijay Kumar S/o- Late Kaushailendra Sharma, Residing at H.No. 30, Second Floor, Kitab Bhawan Lane Krishna Apartment, North S.K. Puri Boring Road, District- Patna, Pin- 800013. 12. Dr. Gopal Prasad Arya S/o- Late Kanhaiya Lal Arya, R/o- Muhalla Chitragupta Nagar East, (Behind Laxmi Apartment), P.O.- Sampatchak, P.S.- Chitragupta Nagar, District- Patna. 13. Dr. Ram Ayodhya Singh S/o- Late Ramdeo Singh, Residing at H.No.3, Road No. 24, Adarsh Bihar Colony, Rajeev Nagar, (Keshri nagar), P.O. and P.S.- Rajeev Nagar, District- Patna, Pin-800024 ... ... Petitioner/s Versus 1. The State of Bihar Patna High Court C. REV. No.163 of 2022(3) dt.03-07-2025 2/10 2. The Secretary High Education, Government of Bihar, Patna. 3. The Director Higher Education, Patna, Bihar. 4. The J.P. University, Chapra through its Registrar. 5. The Vice Chancellor, J.P. University, Chapra, Saran. 6. The Finance Officer, J.P. University, Chapra, Saran. 7. The Finance Advisor, J.P. University, Chapra, Saran. 8. Dr. A.K. Jha S/o- Late H.M. Jha, R/o- Not known, to the present petitioners, Associate Professor, PG, Department Botany, J.P University, Chapra. 9. Dr. Raj Kumar S/o- Late Mahabir Roy, Resident of Village Mirchaiye, Tola, P.O.- Bhagwan Bazar, P.S.- Bhagwan Bazar, District- Saran, Pin-841301. 10. Dr. S.K. Singh S/o- Fulema Singh, At and P.O.- Reotith, District- Gopalganj, retired as Associate Professor, PG, Department Math, J.P. University Chapra. 11. Dr. Om Prakash S/o- Shiv Shaukan Singh, At- Prof. Colony near R.N. College, District- Vaishali- 844101, retired as Associate Professor from the Y.N. College, Dighwara. 12. Dr. B.K. Singh S/o- Late Chandeshwar Singh, R/o- At and P.O.- Ram Chaura, P.S.- Isuapur, District- Saran- 84103, retired as Associate Professor Y.N. College, Dighwara, At present Mohalla- Shakti Nagar, P.O.- Tari, P.S.- Muffasil, Chapra, District- Saran. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Baban Kumar, Advocate Mr.Sanjay Kumar, Advocate For the Opposite Party/s : Mr.Parijat Saurav, AC to AAG-13 For the University : Mr.Manoj Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 03-07-2025 Heard the parties. 2. The present petition has been preferred for :- “That present application is being filed for review of the judgment/order dated 8/3/2022 passed by Hon'ble Mr. Justice Sanjeev Prakash. Sharma (as his lordship then was) in CWJC No. 427/2022 whereby and where under Hon'ble Court, was pleased to dispose of the Patna High Court C. REV. No.163 of 2022(3) dt.03-07-2025 3/10 writ application filed by the petitioners in view of order dated 23/02/2022 passed in CWJC No. 5489/2020 (Suresh Ram Vs the State of Bihar & other) analogous cases without appreciating the facts available on the records of the case, which resulted into an order which is un- executable in nature.” 3. The writ petition was preferred for the following relief:- “(i) For directing the respondents university to step up the petitioners' pay and allowance to the level / stage, the Junior / Similar colleagues like respondent 2nd set in view of the settled preposition of law, whereby and where under, in no case the salary of a senior / similar employee could be lower than his junior / similar one, so in the same cadre. (ii) For directing the respondent University consider the petitioners' claim /candidature, in view of the Hon'ble Bombay High Court, Aurangabad Bench (DB) order passed in writ petition no.10283/2012 read with other judicial pronouncement like Gurcharan Singh Grewal case reported in (2009)3SCC94 and other cases. (iii) For directing the respondent University that any letter / order or notification even if issue detrimental to the petitioners' cause and Patna High Court C. REV. No.163 of 2022(3) dt.03-07-2025 4/10 alien to the above said settled preposition of law may kindly be treated as non-est in the eye of law, creating no any binding effect at all. (iv) For directing the University respondents that they may kindly be directed to work out /regulate the petitioners' pay scale in juxtaposition to the pay Scale of all the Juniors / respondent 2nd set, taking note of the University service regulation read with the Fundamental Rules so stipulated in thisregard, university is directed to issue fresh PPO in this regard. (v) For directing the University Respondents to ensure correction/ shifting of the petitioners'date of increment in view of the Government Resolution no. 591 dated 16/03/2019. (Annexure- Page). (vi) For directing the University respondents simultaneously may kindly be directed to allow the consequential/ monetary benefit on account of the correction so warranted /after removal of the anomaly in question, which is subject matter of the present proceeding. (vii) For directing University respondents to pay all the admissible rate of interest allowable in favour of the present petitioners over the dues / differential arrear legitimately admissible in view of the prayer made here in the present proceedings. (viii) For grant of any other relief or reliefs for Patna High Court C. REV. No.163 of 2022(3) dt.03-07-2025 5/10 which the petitioners are entitled for in the opinion of this Hon'ble Court.” 4. The matter was taken up by the learned Writ Court on 08.03.2022 and the following order was passed: “The case is being taken up from the defect side. Learned counsel for the petitioner is directed to sub-mit the original petition along with attested affidavits and also remove the defects pointed out by the Registry within two weeks from today. In view of the judgment passed in the case of Suresh Ram Vrs. The State of Bihar & Ors. (C.W.J.C. No. 5489 of 2020) and connected petitions where this Court has held as un-der: “13. Having reached to the aforesaid con-clusion, this Court directs that all the maters concern-ing teachers pending before this Court deserve to be first adjudicated on merits and on facts by the con-cerned relevant District Appellate Authority. If still there is any grievance left, the concerned person would be entitled to take up the matter before the State Appel-late Authority and this Court need not deal with such matters at the initial stage. 14. Having stated so, the learned counsel have informed that on account of Pandemic for the last have Patna High Court C. REV. No.163 of 2022(3) dt.03-07-2025 6/10 informed that two years, the State Government has not taken any steps for forming District Appellate Authority and the District Appellate Authorities are non-functional in several districts 15. Accordingly, it is directed that the writ petition and similarly situated other writ petitions a r e r e q u i r e d d i s p o s e d o f in terms as aforesaid with liberty to approach the District Appellate Authority. The petitioner would be free to obtain a certified copy of the present petition and the counter affidavit if any filed by the respective State counsel to be made as part of the pleadings and file an application before the District Appellate Authority, who would be entitled to call for the records from the respective schools/establishment/college etc. and after hearing the parties pass a speaking order expeditiously. 16. Learned counsel appearing for the State shall also inform the Chief Secretary and Secretary of Education about the present order and it is directed that the Chief Secretary and the Secretary, Patna High Court C. REV. No.163 of 2022(3) dt.03-07-2025 7/10 Education De-partment shall take immediate steps for the District Appellate Authorities to start their function. The necessary staffs and members shall be appointed as carly as possible not later than a period of one month from today. Necessary directions for their func-tioning shall also be passed accordingly. 17. The writ petitions are accordingly, disposed of." 2. It is informed by the learned counsel for the peti-tioners that the State Appellate Authority is not entertaining the directly on the ground that it is an appellate authority. It petition directly on the ground that it i ned that the State Government has PATNA on the ground not formed the districts an District Appellate Authority in several districts and the District Appellate Authorities are non- functional. It goes without saying that the very purpose of the Rules of 2020 is to provide alterna- सतयमेव जयते tive and efficacious remedy to the teachers for quick redressal of Since 1976 their grievances relating to their services. In circumstances where the Patna High Court C. REV. No.163 of 2022(3) dt.03-07-2025 8/10 District Appellate Authority do not function or the same has not been formed by the State Government, the State Appellate Authority which is the extension of the adjudicating Authority powers given to the District Appellate Authority, can not wash its hands off such cases where the concerned teachers have approached directly the State Appellate Authority for re-dressal of his/her grievance in situations on account of the Dis-trict Appellate Authority being non- functional. 3. The concerned litigants will of-course have to file in affidavit to the effect that the District Appellate Authority is not functioning. 4. If such an affidavit is filed it is expected from the State Appellate Authority to entertain the grievance directly and adjudicate on the merits of the case. 5. In Suresh Ram's case (C.W.J.C. No. 5489 of 2020) and connected petitions this Court has also held that the District must be made functional within a period of the State Government. In the case of Minakshi @ PATNA HIy must be made Sushre Minaksh & An Vrs. The State of Bihar & Ors. (C.W.J.C. No. 34 of 2022) tnis Court has observed that if the District Appellate Authority is not functioning, an affidavit may सतयमेव जयत be Patna High Court C. REV. No.163 of 2022(3) dt.03-07-2025 9/10 filed to the said effect before the State Appellate Authority Since 1976 and the State Appellate Authority would be empowered to examine the grievance and pass orders accordingly directly or after giving opportunity to the parties. 6. In view of the above, this case is disposed of in aforesaid terms.” 5. Aggrieved, the present review petition. 6. The learned counsel for the petitioner submits that entirely different prayer against different respondent was there in the writ petition but as the matter was listed before the Bench as education matter, considering it to be a writ petition similar to Suresh Ram (Supra) case, the order in question was passed. 7. Learned State counsel as also learned counsel for the University concurs with the State submission through learned counsel for the petitioner. 8. This Court has gone through the facts of the case as incorporated in the writ petition as also the order. Certainly, the petitioner is not entitled to an order that has been passed in the writ petition matter alongwith batch cases. 9. In that background, the Civil Review is allowed, the order passed in CWJC 427 of 2022 dated 08.03.2022 is recalled with a direction to resurrect CWJC 427 of 2022 and present it before an assigned Bench. Patna High Court C. REV. No.163 of 2022(3) dt.03-07-2025 10/10 10. Office to do the needful. 11. Accordingly, the Civil Review stands disposed of. Saurav/- (Rajiv Roy, J) U