Shravan Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1108 of 2025 ====================================================== 1.
Shravan Kumar Ray Son of Late Jagdish Mahto, Resident of Village- Gachi Tola, Ward No.-10 Near Durga Asthan, P.O. and P.S.- Begusarai, DistrictBegusarai. 2.
Lalit Kumar Pal Son of Late Vishnudev Raut, Resident of VillageChhechhani, P.O.- Belsand, P.S.- Larrjhaghat, District- Samastipur. 3.
Sona Kumari Wife of Late Shankar Choudhary, Resident of VillageDanauli, P.O.- Danauli Phulwaria, P.S.- Baliya, District- Begusarai. 4.
Pashupati Paswan Son of Late Harivansh Paswan, Resident of Village and P.O.- Safapur, P.S. Nayagaon, District- Begusarai. 5.
Rita Devi Wife of Shravan Kumar Ray, Resident of Village- Gadhi Tola, Ward No.- 10, Near Durga Asthan, P.O. and P.S.- Begusarai, DistrictBegusarai. ... ... Petitioner/s
Versus
1.
The State of Bihar through Addl. Chief Secretary, Department of Education Government of Bihar, Patna.
2.
The Director, Primary Education, Government of Bihar, Patna. 3.
The District Education Officer, Begusarai.
4.
The District Program Officer (Establishment), Begusarai. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ganesh Prasad Singh, Adv For the Respondent/s :
Mr. Government Pleader (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 17-03-2026 Heard learned counsel for the petitioners and learned counsel for the respondent-State.
2. With the consent of both the parties, this writ application is being disposed of at this stage itself.
3. In the present writ application, the petitioners have prayed for the grant of following reliefs:
"(i) To issue direction, order or writ in the nature of Mandamus, or any
2/4 other appropriate writ/writs, order/orders, direction/directions, commanding the respondents to make payment of salary from the month of February 2012 to January 2024, periods the respondent authority has restrained to the petitioners to perform their duty on the post of Assistant Teacher as the petitioners were selected on the said post along with other similarly situated persons in the month of February 2012 and after due counselling allotted them District Begusarai for their posting against 34540 vacant post after followed due procedure of selection and also on the recommendations of Hon'ble Apex Court but after long litigation vide order dated 30.01.2024 respondent has issued appointment letter in favor of the petitioners and posted them, although other selected persons were posted in the month of February, 2012 itself and allowed them to work and paid salary to them.
(ii) To issue a direction, order, or writ upon the respondents to grant all subsequent benefit to the petitioners from the initial date of selection/appointment, as the similarly situated persons have given since after intervention of this Hon'ble Court after long litigation and delay of about 12 years respondents have allowed to join on the post of Assistant Teacher (Trained)34540 grade,
3/4 and also similarly situated persons have already been granted the same benefit in light of judgment rendered in L.P.A. No. 1254 of 2016, and analogous matter, L.P.A.
No. 1309 of 2017 and L.P.A No. 1310 of 2017.
(iii) To issue any other relief/reliefs that the petitioners may be found to be entitled in the fact and circumstances of the present case."
4. After advancing some argument, learned counsel for the petitioners submits that for seeking the aforesaid relief, the petitioners are prepared to file a fresh representation before the Director, Primary Education, Government of Bihar, Patna (respondent no. 3). He further prays that if such a representation is filed within the stipulated time then an appropriate direction be issued to the Director, Primary Education, Government of Bihar, Patna to dispose of the representation filed by the petitioners within a fixed time frame, after giving an opportunity of hearing to the petitioners.
5. To the aforesaid prayer being made by learned counsel for the petitioners, learned counsel appearing for respondent-State does not have any objection.
6. Considering the limited nature of prayer being
4/4 made by learned counsel for the petitioners, this writ application is disposed of granting liberty to the petitioners to file a fresh representation before the Director, Primary Education, Government of Bihar, Patna within two weeks from today. If such a representation is filed within the stipulated time then the Director, Primary Education, Government of Bihar, Patna is directed to dispose of the same within four months from the date of filing of the representation, in accordance with law, after giving an opportunity of hearing to the petitioners. Needless to emphasize that the final order which shall be passed by the Director, Primary Education, Government of Bihar, Patna should be a reasoned and speaking order. It is further made clear that in case, the petitioners are found entitled to the relief which they would be claiming through the representation, the same should be extended to the petitioners within a further period of two months from the date of passing of the final order.
7. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J) kiran/- U