Pawan Kumar Jha vs The State Of Bihar on 18 April, 2026
127. In CWJC Nos. 17963 of 2023, 18408 of
2023 and 351 of 2024, the petitioners contends that their
services were regularized following multiple rounds of
litigation, including a Division Bench dismissal of the State's
appeal in different L.P.A., which purportedly attained finality
regarding their service legality prior to their superannuation.
Further, the contention raised by the respondents authority that
petitioners appointment was consistently classified as "illegal"
and "void ab initio" by a five-member committee constituted
under judicial direction, and that the matter has reached absolute
finality through the Hon'ble Supreme Court judgments in State
of Bihar vs. Kirti Narayan Prasad and State of Bihar vs.
Devendra Sharma, which held that void appointments confer no
rights to terminal benefits. The core issue for determination is
whether the respondent authorities can retrospectively stop the
pension of an employee, who retired after decades of service
and successful prior litigation, by relying on subsequent in
personam Supreme Court rulings without fresh notice or inquiry
or any show cause notice before stopping pension and family
pension of these petitioners respectively, and the five-men
committee report was prepared behind the back of these
petitioners, therefore, it is not justified to apply the report in
Patna High Court CWJC No.17271 of 2023 dt.18-04-2026
126/134
case of these petitioners without giving any opportunity of being
heard.