In a significant ruling, the Patna High Court clarified that employees working at the time of a school takeover cannot be denied their services based on post formalities. The court directed the regularization of service and payment of pending dues to the petitioner, emphasizing the rightful benefits of eligible employees after years of continuous work.
Justice Ajit Kumar, in response to a writ petition by Sunil Kumar, highlighted that employees during a school takeover are considered absorbed into government service by law. The petitioner, represented by advocate Lalan Kumar, had been serving as a clerk-cum-librarian since 1982 and faced denial of benefits despite official confirmation of service status in 1997.
The State government’s argument that the petitioner’s post was not formally approved was dismissed by the Court as a technical objection. The Court emphasized that after years of service, legitimate rights cannot be denied on procedural grounds. Consequently, the State was instructed to settle salary arrears and retirement benefits within three months.
In a separate judgment, the High Court reinstated a dismissed government clerk, Pradeep Kumar Pandit, due to insufficient evidence in a bribery case. The Court, under Justice Vivek Chaudhary, emphasized the importance of credible evidence in departmental inquiries and reinstated the petitioner with full pay and benefits if not superannuated.
