Kapil Kumar Singh vs The State Of Bihar on 21 November, 2022
20. Before coming to the final conclusion, it is needless
to observe that this Court is conscious of the fact that the B.Ed.
Degree from the Sogra College of Education, Bihar Sharif,
Nalanda was/is not a valid degree and this issue has also set at rest
by the judgment rendered by the Apex Court Special Leave to
Appeal (C) No. 23619 of 2015, titled as Md. Bashar Faruque &
Ors. Vs. State of Bihar & Ors. vide order dated 15.09.2015 but
the petitioner has been allowed to discharge his duties without any
interruption till the date of his superannuation. Hence, the State
itself must be held accountable for lax attitude in enforcing the
standards of employees in educational institution. On the aforesaid
score also, this Court finds the impugned order of recovery and
further consequential orders are unjustified, unsustainable and
against the settled proposition of law, as discussed hereinabove,
hence the orders dated 22.06.2020, 19.10.2020 and 27.01.2021 are
hereby set aside and the respondents are directed to make payment
Patna High Court CWJC No.8556 of 2021 dt.21-11-2022
16/16
of post retiral dues as well as arrears of salary for the period
December, 2018 to November, 2019 forthwith, as early as possible
preferably within a period of eight weeks, from the date of
receipt/production of a copy of this order.