In The State of Bihar through the Principal Secretary, Education Department, Government of Bihar & Ors. vs. Md. Wasiqur Rahman & Anr. (2025), Patna High Court's Division Bench of Chief Justice P. B. Bajanthri and Justice Alok Kumar Sinha delivered a 6-page long judgement dated September 23, 2025, wherein it modified the 9-page long judgement dated August 24, 2023 by Justice Purnendu Singh in Md. Wasiqur Rahman vs. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar & Ors. (2023). This is the 4th judgement authored by Chief Justice Bajanthri.
The question for consideration before the Division Bench was whether respondent No. 1 – Md. Wasiqur Rahman was entitled to count service from the year 1988 till November 22, 2011 for the purpose of extending retiral benefits including fixation of pension or not ? Till October 16, 1997 matter attained finality to the extent that respondent No. 1 obtained appointment to the post of Teacher by furnishing false and fabricated documents. The respondent No. 1 had right to question the District Magistrate’s decision insofar as giving finding that respondent No. 1 had furnished false certificate. In other words, he should have approached next higher forum or knocking the doors of this Court. On the other hand, he had submitted representation to the District Magistrate. In all fairness the District Magistrate should not have entertained the representation of respondent No. 1, it should have been transmitted to the appointing authority to respondent No. 1 i.e., appointing authority to Teacher post.
Justice Bajanthri observed:''5. Prima facie, we find that there must be a collusion among the office of the District Magistrate and respondent No. 1. In other words, the District Magistrate should have taken note of
earlier proceedings relating to that respondent No. 1 had filed false certificate and DSE report. In fact, DSE report should have been forwarded to appointing authority to respondent No. 1 for further proceedings. Therefore, having regard to the conduct of both the respective parties, the respondent No. 1 is not entitled to count service from the year 1988 to 14.10.1997 for the purpose of retiral benefits and pensionary benefits. That apart, he has not discharged the duties of the post in regular terms and certain breaks are found during the intervening period till 15.10.2017. In the light of these facts and circumstances, delay of 596 stands condoned in so far as filing of LPA and I.A. for condonation of delay is allowed."
Justice Bajanthri concluded: "....respondent No. 1 is entitled to count service only from 15.10.1997 to 22.11.2011 or 30th November, 2011 towards retiral benefits and pension, if it is not fixed and paid as on this day, the same shall be calculated and disbursed in favour of the respondent No. 1. Further, arrears of
pension shall be extended from 30.11.2011 to this day. 8. The above exercise shall be completed within a period of six weeks from the date of receipt of copy of this order. To the above extent, order of the learned Single Judge stands modified."
In his judgement, Justice Singh, the Single Judge had concluded:'' 9. The action of the District Programme Officer (Establishment), Araria shows that he has not only committed jurisdictional error, but the available records reflect that, exercising his pure will and whims, has exercised arbitrarily, capriciously and perversely, being adamant in restraining himself by not complying with the orders of this Court. 10. Considering the deliberate inaction on the part of the District Programme Officer (Establishemnt), Araria, the Additional Chief Secretary, Education Department, Government of Bihar, is directed to take appropriate action in the matter relating to the payment of pension and gratuity to the petitioner by calling service records relating to the petitioner, thereafter, he is directed to comply with the direction passed in LPA No. 77 of 2008 considering the admitted fact that the petitioner had retired in the year 2011 and the total period of pensionable service is required to be taken from the date of appointment of the petitioner in the year 1988 in accordance with the provision of Bihar Pension Rules, 1950, and if it is found that the pension and gratuity as claimed by the petitioner is admissible, appropriate steps be taken to direct the concerned authority to sanction the pension and gratuity of the petitioner by forwarding the letter to the Accountant General, Bihar. 11. The above exercise is directed to be completed within a period of six weeks from the date of communication of this order." The Division Bench has modified this order to a limited extent.
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