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Ganesh Mohan Yadav vs The State Of Bihar And Ors on 28 July, 2025 cites

Rita Mishra And Ors. Etc. Etc. vs Director, Primary Education, Bihar And ... on 23 July, 1987

The point was again examined by a Full Bench of the Patna High Court in Rita Mishra v. Director, Primary Education [Rita Mishra v. Director, Primary Education, 1987 SCC OnLine Pat 159 : AIR 1988 Pat 26 : 1988 Lab IC 907 : 1987 BBCJ 701] . The question posed before the Full Bench was whether a pub- lic servant was entitled to payment of salary to him for the work done despite the fact that his letter of appointment was forged, fraudulent or illegal. The Full Bench held: (SCC OnLine Pat para 13: AIR p. 32, para 13) '13. It is manifest from the above that the rights to salary, pension and other ser- vice benefits are entirely statutory in nature in public service. Therefore, these rights, including the right to salary, spring from a valid and legal appointment to the post. Once it is found that the very appointment is illegal and is non est in the eye of the law, no statutory entitlement for salary or consequential rights of pension and other monetary benefits can arise. In particular, if the very appointment is rested on forgery, no statutory right can flow from it.'
Patna High Court Cites 52 - Cited by 143 - L M Sharma - Full Document

Bihar State Council Of Ayurvedic And ... vs State Of Bihar And Ors. [Alongwith Civil ... on 1 November, 2007

2. It has been jointly submitted that the matter directly and substantially in issue has traveled up to Hon'ble Supreme of India and finally concluded on 17.10.2019 in favour of the State in the case of State of Bihar v. Devendra Sharma Civil Appeal No.7879 of 2019, arising out of SLP (Civil) No.11885 of 2012, reported in (2020) 15 SCC 466 :2019 INSC 1157. In the said judgment it has been observed in paragraphs 29 to 46 which states as follows:-
Supreme Court of India Cites 26 - Cited by 1 - P P Naolekar - Full Document

State Of Jharkhand And Ors vs Manshu Kumbhkar on 17 September, 2007

39. This Court in State of Jharkhand v. Manshu Kumbhkar [State of Jharkhand v. Manshu Kumbhkar, (2007) 8 SCC 249 : (2007) 2 SCC (L&S) 878] , while allowing of the appeal of the State found that the respondent was not spon- sored by the employment exchange. There was no advertisement and there was not even any properly constituted committee to make the se- lection.
Supreme Court of India Cites 5 - Cited by 34 - A Pasayat - Full Document

State Of Bihar vs Upendra Narayan Singh & Ors on 20 March, 2009

40. This Court in State of Bihar v. Upendra Narayan Singh [State of Bihar v. Upendra Narayan Singh, (2009) 5 SCC 65 : (2009) 1 SCC (L&S) 1019] allowed the appeal of the State and that Section 4 of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 casts a duty on the employer in every es- Patna High Court CWJC No.15261 of 2009 dt.28-07-2025 17/22 tablishment in public sector in the State or a part thereof to notify every vacancy to the em- ployment exchange before filling up the same.
Supreme Court of India Cites 58 - Cited by 607 - G S Singhvi - Full Document

Union Of India vs Raghuwar Pal Singh on 13 March, 2018

41. This Court in Union of India v. Raghuwar Pal Singh [Union of India v. Raghuwar Pal Singh, (2018) 15 SCC 463 : (2018) 2 SCC (L&S) 823] was examining a case, where the appointment letter came to be issued without approval of the com- petent authority, then whether such appoint- ment letter issued to the respondent, would be a case of nullity or a mere irregularity? If it is a case of nullity, affording opportunity to the in- cumbent would be a mere formality and non- grant of opportunity may not vitiate the final decision of termination of his services. This Court held that in absence of prior approval of the competent authority, the Director In-charge could not have hastened issuance of the ap- pointment letter. The act of commission and omission of the Director In-charge would, there- fore, suffer from the vice of lack of authority and nullity in law.
Supreme Court of India Cites 14 - Cited by 60 - A M Khanwilkar - Full Document

R. Vishwanatha Pillai vs State Of Kerala & Ors on 7 January, 2004

wanatha Pillai [R. Vishwanatha Pillai v. State of Kerala, (2004) 2 SCC 105 : 2004 SCC (L&S) 350] and in Dattatray [Union of India v. Dattatray, (2008) 4 SCC 612 : (2008) 2 SCC (L&S) 6] which were rendered by Benches of three Judges laid down the principle of law that where a benefit is secured by an individual--such as an ap- pointment to a post or admission to an educa- tional institution--on the basis that the candi- date belongs to a reserved category for which the benefit is reserved, the invalidation of the caste or tribe claim upon verification would re- sult in the appointment or, as the case may be, Patna High Court CWJC No.15261 of 2009 dt.28-07-2025 21/22 the admission being rendered void or non est. *** 69.7. Withdrawal of benefits secured on the ba- sis of a caste claim which has been found to be false and is invalidated is a necessary conse- quence which flows from the invalidation of the caste claim and no issue of retrospectivity would arise;"
Supreme Court of India Cites 12 - Cited by 410 - Full Document

Union Of India vs Dattatray S/O Namdeo Mendhekar & Ors on 15 February, 2008

wanatha Pillai [R. Vishwanatha Pillai v. State of Kerala, (2004) 2 SCC 105 : 2004 SCC (L&S) 350] and in Dattatray [Union of India v. Dattatray, (2008) 4 SCC 612 : (2008) 2 SCC (L&S) 6] which were rendered by Benches of three Judges laid down the principle of law that where a benefit is secured by an individual--such as an ap- pointment to a post or admission to an educa- tional institution--on the basis that the candi- date belongs to a reserved category for which the benefit is reserved, the invalidation of the caste or tribe claim upon verification would re- sult in the appointment or, as the case may be, Patna High Court CWJC No.15261 of 2009 dt.28-07-2025 21/22 the admission being rendered void or non est. *** 69.7. Withdrawal of benefits secured on the ba- sis of a caste claim which has been found to be false and is invalidated is a necessary conse- quence which flows from the invalidation of the caste claim and no issue of retrospectivity would arise;"
Supreme Court of India Cites 3 - Cited by 54 - K G Balakrishnan - Full Document
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