Shambhu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3179 of 2026 ====================================================== 1.

Shambhu Mandal son of Sri Garbhu Mandal, resident of Ward No- 5, Nirmali, P.S.- Pipra, District- Supaul retired as Assistant Teacher, Middle School, Damodarpur, P.S. and Block and District-Lakhisarai. 2.

Rajendra Kumar, son of Sri Suryadeo Narayan Mandal, resident of villageMadhuban, Ward No- 1, P.S. and District- Madhepura, retired as Assistant Teacher, Upgraded Middle School, Kuraoni, Block and P.O. and DistrictSheikhpura. 3.

Chandeshwari Kumar Mandal, son of Sri Ganga Mandal, resident of villageKoshlipatti, P.S. Pipra, District-Supaul, presently posted as assistant teacher at Primary School, Gadhiya, P.S.- Pipra, District- Supaul. 4.

Raghvendra Raghav, son of Sri Nageshwar Mandal, resident of villageKataiya Mahe, P.S.- Pipra, District- Supaul, at present posted as Assistant Teacher in Primary School, Kataiya Mahe, Block and P.S.- Pipra, DistrictSupaul. 5.

Manibhushan Mandal, son of Sri Tek Narayan Mandal, resident of villageNirmali, P.S. Pipra, District-Supaul, at present posted as Assistant Teacher, Upgraded Middle School, Makroy (Balak), Block and P.S.- Pipra, DistrictSupual. 6.

Md. Fashi Ahmad, son of Md. Sohrab, resident of village and P.O.- Karichak Chhapki, Ward No- 13, P.S.- Birpur, District- Begusarai, at present posted as assistant teacher Primary School, Rampur, Basvan, P.S and Block- Matihani, District- Begusarai.

7.

Md. Hashim Ali Ansari, son of Md. Habib Ali Ansari, resident of villageLaruara, Ward No- 10, P.S.- Singhaul, District- Begusarai, at present posted at Upgraded Girls Middle School, Sarpar Ramchandrapur, Block and P.S.- Piprariya, District- Lakhisarai.

8.

Dinesh Prasad Mandal, son of Jang Bahadur Mandal, resident of villageMokma, Ward No- 1, Block- Sonbarsa Raj, P.S.- Basanahi, District- Saharsa, at present posted as assistant teacher in Middle School Rewta, Gopalpur, P.S and Block Chanan, District-Lakhisarai.

9.

Lakshmi Mandal, son of Late Satya Narayan Mandal, resident of villageMadhuban, Ward No- 4, P.O.- Turkahi, P.S. and District- Madhepura, at present posted as Assistant teacher in Upgraded Middle School, Bhalani, Block and P.S.- Murliganj, District- Madhepura. 10.

Fulo Kumari, daughter of Sri Basudev Mandal, wife of Sri Raj Kumar Mandal, Gram post- Jolhaniya, Ward No. 3, P.S - Pipra, District-Supual, retired from the post of Assistant Teacher with effect from 31.03.2025 from Middle School Badshapur, Block and P.S. and District- Sheikpura. 11.

Ramlakhan Mandal, son of Late Ramtahal Mandal, resident of village Thumha Navtola, P.S.- Pipra, District-Supaul, at present posted at Newly Constituted Primary School, Sharma Tola, Belokhara, Block and P.S.- Pipra, District- Supaul.

12.

Ashok Sah, son of Late Raghuvir Sah, resident of village- Madhuban, P.O.- Turkahi, P.S. and District- Madhepura, at present posted as Assistant teacher

2/5 Upgraded Middle School, Hingwa, B.M.C., Block and P.S.- Bhargama, District- Araria. 13.

Kumari Sanyukta Sinha, wife of Sri Kusheswar Mahto, resident of villageHemzapur, Shiv Kund, Munger, retired from the post of assistant teacher Primary School of Suryapura Bazar, P.S and Block- Surajgarha, DistrictLakhisarai. 14.

Binod Kumar, son of Late Jay Narayan Mandal, resident of village- Madhuban, P.O.- Turkahi, Block and P.S.-Madhepura, District- Madhepura, at present posted as assistant teacher in Upgraded Middle School, Jhankidih, Beldariya, P.S. and Block- Chanan, District- Lakhisarai. 15.

Jai Narayan Sahu, son of late Hira Lal Sahu, resident of village and PostBisphihat, P.S- Bisfi, District- Madhubani, retired from the post of assistant teacher Middle School Piardi, Block -Nauhatta, District- Rohtas. 16.

Md. Sher Alam, son of Late Tahmul Hussain, resident of Village and PostKashibari Hut, P.S.- Kochadhaman, District- Kishanganj, retired from the post of assistant teacher Middle School Kachuar Chakdih, Block and P.S. and District- Rohtas.

17.

Md. Sultan, son of Md. Kamaluddin, resident of village Barki Naki, PostChhoti Naki, P.S.- Sanokhar, District-Bhagalpur, retired from the post of assistant teacher Middle School Kazifatuchak, Block and P.S.-Barbigah, District- Sheikpura. 18.

Sunil Kumar, son of Late Kameshwar Mandal, resident of village- Piprahi, P.O.- Bhan, P.S. Gailedh, District-Madhepur at present posted as assistant teacher Upgraded Middle School, Navtola west, Block and P.S.- murliganj, District- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Education, Bihar, Patna 3.

The Additional Chief Secretary, Department of Finance, Bihar, Patna. 4.

The Regional Deputy Director, Koshi Division, Saharsa. 5.

The Regional Deputy Director, Purnea Division, Purnea. 6.

The Regional Deputy Director, Munger Division, Munger. 7.

District Education Officer, Supual.

8.

District Education Officer, Lakhisarai.

9.

District Education Officer, Sheikhpura.

10.

District Education Officer, Begusarai.

11.

District Education Officer, Saharsa.

12.

District Education Officer, Madhepura.

13.

District Education Officer, Araria.

14.

District Education Officer, Rohtas.

15.

District Education Officer, Nalanda.

3/5 16.

District Programme Officer Establisment, Rohtas. 17.

District Programme Officer Establishment, Supual. 18.

District Programme Officer Establishment, Lakhisarai. 19.

District Programme Officer Establishment, Sheikhpura. 20.

District Programme Officer Establishment, Begusarai. 21.

District Programme Officer Establishment, Saharsa. 22.

District Programme Officer Establishment, Madhepura. 23.

District Programme Officer Establishment, Araria. 24.

District Programme Officer Establishment, Nalanda. 25.

Block Education Officer, Lakhisarai, District- Lakhisarai. 26.

Block Education Officer, Pipra, District- Supual. 27.

Block Education Officer, Halsi, District- Lakhisarai. 28.

Block Education Officer, Mathihani, District- Begusarai. 29.

Block Education Officer, Pipariya, District- Lakhisarai. 30.

Block Education Officer, Sonbarsa Raj, District- Saharsa. 31.

Block Education Officer, Murliganj, District- Madhepura. 32.

Block Education Officer, Sheikhpura, District- Sheikhpura. 33.

Block Education Officer, Bhargama, District- Arariya 34.

Block Education Officer, Chanan, District- Lakhisarai. 35.

Block Education Officer, Surajgarha, District- Lakhisarai. 36.

Block Education Officer, Barbigha, District- Sheikhpura. 37.

Block Education Officer, Rohtas, District- Rohtas. 38.

Block Education Officer, Nauhata, District- Rohtas. 39.

Block Education Officer, Harnaut, District- Nalanda 40.

Block Education Officer, Murliganj, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat For the Respondent/s :

Mr.Government Advocate (02) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 13-03-2026 Heard learned counsel for the petitioners and learned counsel for the State.

2. The instant writ petition has been filed for the

4/5 following reliefs:- (i) For directing the respondents to grant seniority benefit of annual increment ACP etc. w.e.f the date teachers were appointed in pursuance to Advertisement No.210 of 2010 inviting application against vacant post of 34540 trained teachers as respondents deliberately did not appoint petitioners in the year 2012, when the teachers of the said advertisement were appointed and petitioners were appointed subsequently between the period from 30.12.2019 to 24.12.2022. This matter has already been adjudicated vide by this Court passed in CWJC No.15663 of 2022 (Santosh Kumar & Ors.

vs. State of Bihar & Ors.), the present case is fully covered by this judgment allowed vide order dated 08.12.2025. (Annexure-2) (ii) Any other relief to which the petitioner is found entitled to in the eye of law.

3. Learned counsel for the petitioners submits that the issues have already been settled by the Hon'ble Apex Court in Balwant Singh Narwal & Ors. v. State of Haryana & Ors., (2008) 7 SCC 728, and that the petitioners' case is also covered by the judgment of this Court in CWJC No. 15663 of 2022 (Santosh Kumar & Ors. vs. State of Bihar & Ors.). The authorities may therefore be directed to adjudicate the claims of the petitioners, for which representations have already been filed.

4. On the other hand, learned counsel for the State does not dispute the factual position and submits that the

5/5 petitioners may be directed to file individual representations, providing details of their service profile along with supportive materials for adjudication of their claims.

5. Considering the above, the petitioners are directed to file their individual representations, along with all supportive documents and the judgment relied upon by them (AnnexureP/2), within four weeks from today. On receipt thereof, the authorities are obliged to adjudicate the claims of the petitioners by passing a reasoned and speaking order within a further period of eight weeks. The benefits to which the petitioners are entitled shall also be extended within the same period.

6. Accordingly, the instant writ application stands disposed of.

(Ajit Kumar, J) shikha/- U