Nirmala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3717 of 2025 ====================================================== 1.

Nirmala wife of Sanjay Kumar, Resident of House No.12, P.C. Colony, Sector-1, Subhas Nagar, Khemnichak, Patna-27, P.S.-Ram Krishna Nagar, District- Patna, At present posted as Assistant Teacher (Biology) in Mahesh High School Anisabad, Patna.

2.

Nivedita Kumari, wife of Sunil Kumar, Resident of Mohalla- Shiv Colony, Patel Nagar, Hilsa, P.S. Hilsa, District- Nalanda, At present posted as Assistant Teacher (Biology) in S.S. Academy plus 2 School, Ekangarsarai, Nalanda.

3.

Pradip Rajak, son of Babulal Rajak, Resident of village- Tiuri, P.S.- Manpur, District- Nalanda, At present posted as Assistant Teacher (Biology) in Kisan plus 2 High School, Dharahara, Nalanda.

4.

Awadehsh Kumar Mehta, son of Narayan Mehta, Resident of Karunabag, P.S.- Sohsarai, Biharsharif, District- Nalanda, At present posted as Assistant Teacher (Biology) in Mouryachak, Supasang and 2 School, Nalanda. 5.

Umesh Prasad, son of Ram Dhani Mahto, Resident of Village- Chorsua, P.S.- Giriyak, District- Nalanda, At present posted as Assistant Teacher (Biology) in High School, Pawapuri, Nalanda.

6.

Anupma Bharti, wife of Sumant Prasad, Resident of Village- Katauli, P.S.- Hulasgang, District-J ehanabad, At present posted as Assistant Teacher (Biology) in R.P.S. plus 2 School, Khushhalpur, Nalanda. 7.

Mukesh Prasad Singh, Son of Chandeshwar Mahto, Resident of MohallaBajrang Bag, P.S.- Hilsa, District- Nalanda, At present posted as Assistant Teacher (Biology) in Chandrawati plus 2 High School, Vishnupur, Lohanda, Hilsa, Nalanda.

8.

Md. Shakeel, son of Mohiuddin, Resident of Sone Villa Colony, Koilwar, P.S.-Koilwar, District- Bhojpur, At present posted as Assistant Teacher (Biology) in High School, Babura, Barhara, Bhojpur. 9.

Sanjeev Kumar, son of Prof. Ram Balak Singh, Resident of Kashipur, P.S.- Samastipur, District-Samastipur, At present posted as Assistant Teacher (Biology) in Ramagya High School, Chaita Ujiarpur, Samastipur. 10.

Shiv Kumar Mahto, son of Jagdish Prasad Mahto, Resident of Durga Mandir. Kasba, P.S.-Kasba, District- Purnea, At present posted as Assistant Teacher (Biology) in K.G.P. Senior Secondary School, Bhoga Bhatgama, Purnea.

... ... Petitioner/s

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.

Patna High Court CWJC No.3717 of 2025(2) dt.07-03-2025 2/3 5.

The Regional Deputy Director of Education, Patna Division, Patna. 6.

The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 7.

The Regional Deputy Director of Education, Koshi Division, Purnea. 8.

The District Education Officer, Patna.

9.

The District Education Officer, Nalanda.

10.

The District Education Officer, Bhojpur at Arah. 11.

The District Education Officer, Samastipur.

12.

The District Education Officer, Purnea.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar, Adv.

For the Respondent/s :

Mr.Standing Counsel (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-03-2025

1. The present writ petition has been filed seeking the following relief(s):- "1. That this petition is being filed for issuance of appropriate writ/writs commanding the respondents to treat and count their services as Biology Teacher and Maths Teacher from 07.10.1998 and 21.05.1999 respectively, the date on which they would have been normally appointed on the basis of recommendation of Vidyalya Sewa Board for the purpose of seniority inter-se, fixation of pay scale etc., pursuant to the Advertisement No.1-888 like similar appointed teachers of other eight subjects as Assistant Teacher of Nationalized and Project Schools or 15.02.2001 the date of writ court's order passed by the single bench of this Hon'ble Court. In alternative, the

Patna High Court CWJC No.3717 of 2025(2) dt.07-03-2025 3/3 petitioners may get at least all national benefits from 31.05.2013, the date of notification of Bihar Nationalized Secondary School Teacher's Special Appointment Rule, 2013."

2. At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the respondent no.4 i.e. the Director, Secondary Education, Government of Bihar, Patna, for redressal of their aforesaid grievances. Liberty so sought is granted.

3. Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) sonal/- U