Rakesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1460 of 2025 ====================================================== 1.

Rakesh Prasad son of Nagina Ram, Resident of Village- Sarsar, P.S.- Siwan Muffsil, District-Siwan, At present posted as Assistant Teacher (Biology) in High School-cum- Govt. Inter College, Pachlakhi, Siwan. 2.

Birendra Ram, son of Sheomangal Ram, Resident of village- Deurwa Sangwadih, P.S.- Gopalpur, District- Gopalganj, At present posted as Assistant Teacher (Biology) in High School, Kalyanpur, Bhore, Gopalganj. 3.

Amar Singh Tamsoy, son of Bijay Singh Tamsoy, Resident of villageKumirta, P.S.- Kumar Dungi, District- West Singhbhum (Jharkhand), At present posted as Assistant Teacher (Biology) in Sri Auchatanand Adarsh Plus 2 High School, Khajwati, Bodh Gaya, Gaya. 4.

Rameshwar Ichagutu, son of Haricharan Ichagutu, Resident of villageKharimati, P.S.- Sonua, District- West Singbhum (Jharkhand), At present posted as Assistant Teacher (Biology) in High School-cum- Inter College, Chakwai, Warisaliganj, Nawada.

5.

Brajesh Kumar, son of Shobha Prasad, Resident of village- Sherahi, P.S.- Daronda, District-Siwan, At present posted as Assistant Teacher (Math) in Madhusudan High School-cum-Inter College, Chhitauli, Siswan, Siwan. 6.

Krishna Kumar, son of Munshi Prasad, Resident of village- Nima, P.S.- Dhanarua, District-Patna, At present posted as Assistant Teacher (Math) in High School, Dumri, Punpun, Patna.

7.

Arun Kumar Paswan, son of Shyam Bihari Paswan, Resident of VillageDeokali, P.S. Dhanarua, District-Patna, At present posted as Assistant Teacher (Math) in S.R. High School Lakhna, Punpun, Patna. 8.

Anil Kumar Singh, son of Devendra Prasad Singh, Resident of VillageDeoghara, P.S.- Sangrampur, District- Munger, At present posted as Assistant Teacher (Math) in Shri Uchheshwarnath Harijan Aadavasi Sundar Lal Singh High School, Deoghara, Munger.

9.

Awadhesh Kumar, son of Hari Darayan Yadav, Resident of Village and PostRanipatti, P.S. Kumarkhand, District- Madhepura, At present posted as Assistant Teacher (Biology) in Deo Narayan High School, Ranipatti, Sukhasan, Kumarkhand, Madhepura.

10.

Deo Narayan Dinkar, son of Lakshman Mehta, Resident of Village and PostKolhua, P.S.- Shankarpur, District- Madhepura, At present retired as Assistant Teacher (Bio.) in Harawat Raj High School, Lalpur, Saropatti, Singheshwar, District- Madhepura.

11.

Ram Chandra Soren, son of Sagar Chandra Soren, Resident of Village and Post- Raj Doha, P.S.- Jadugoda, District- East Singhbhum (Jharkhand), At present posted as Assistant Teacher (Bio) in High School, Jagatibar Diha, Guraru, Gaya.

12.

Soman Hansda, son of Mansingh Hansda, Resident of Village- Bingburu, P.S.- Potka, District- East Singhbhumu (Jharkhand), At present posted as Assistant Teacher (Bio) in High School, Bumuar, Gaya. ... ... Petitioner/s

2/5

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The Secretary, Department of Education, Bihar, Patna. 4.

The Director, Secondary Education, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar For the Respondent/s :

AC to SC-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2025

1. Heard learned counsel for the petitioners and learned AC to SC-18 for the State.

2. The learned counsel appearing on behalf of the petitioners submits that the instant writ application has been filed for a direction upon the respondents to treat and count their services as Biology and Maths teacher from 07.10.1998 and 21.05.1999 respectively i.e. the date on which they would have been normally appointed on the basis of recommendation of Vidyalaya Sewa Board for the purpose of seniority inter-se, fixing of pay scale etc. pursuant to the Advertisement No. 01 of 1988 like similarly appointed teacher of other eight subjects as Assistant Teacher of Nationalized and Project Schools or from the date (15.02.2001), on which the learned Writ Court had

3/5 passed the order or in the alternative the petitioners may get at least notional benefit from 31.05.2013 i.e. the date of notification of Bihar Nationalized Secondary School Teacher's Special Appointment Rules, 2013.

3. It is next submitted by the learned counsel appearing on behalf of the petitioners that petitioners are not pressing the first part of the prayer, but then prays that the alternative prayer of the petitioners be considered.

4. The learned counsel for the petitioners, thus, submits that the petitioners would be satisfied in the event if the writ application is disposed of in terms of order dated 27.08.2024 in CWJC No. 7212 of 2021 (Jainendra Kumar Satyarthi & Anr. Vs. The State of Bihar & Ors.) as similarly situated employees like the petitioner had approached this Court seeking the instant relief in CWJC No. 7212 of 2021 also. The CWJC No. 7212 of 2021 was disposed of by an order dated 27.08.2024, directing the petitioners of the said writ application to approach the Director, Secondary Education, Government of Bihar, Patna by filing a representation seeking redressal of their grievance. It is next submitted that petitioners of CWJC No. 7212 of 2021,

4/5 accordingly, submitted their representation before the Director, Secondary Education, Government of Bihar for redressal of their grievance and the same was redressed, as would manifest from Annexure- R/D to the counter affidavit.

5. The learned State counsel does not have any objection to the submissions made by the learned counsel appearing on behalf of the petitioners.

6. After hearing the learned counsel for the parties and without going into the merits of the case, the writ application is disposed of with liberty to the petitioners to file a detailed representation before the Director, Secondary Education, Government of Bihar, Patna seeking redressal of their grievance on or before 01.09.2025.

7. In the event, if any representation is filed by the petitioners seeking redressal of their grievance before the Director, Secondary Education, Government of Bihar, Patna on or before 01.09.2025 in that event the Director, Secondary Education, Government of Bihar shall consider and dispose of the representation of the petitioners within a period of three months thereafter in accordance with law,

5/5 after giving proper opportunity of hearing to the petitioners, if required.

8. It is further made clear that in the event if the grievance of the petitioners is rejected, in that event a reasoned order shall follow.

(Satyavrat Verma, J) Rishabh/- U