Madhubala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9713 of 2026 ====================================================== 1.

Madhubala Devi Daughter of Late Madan Kumar Pathak, Resident of Village- Kismat Barwa, P.O.- Ashawn, P.S.- Andar, District- Siwan, presently residing at Don Buzurg, Siwan.

2.

Madhuri Kumari, Daughter of Late Madan Kumar Pathak, Resident of Village- Kismat Barwa, P.O.- Ashawn, P.S.- Andar, District- Siwan, presently residing at Village- Khurd Bhaluan, P.O Khanpur Ekma, Khanpur, District- Saran, Bihar.

3.

Sudhanshu Kumar Alias Vikash Kumar Pathak, Son of Late Madan Kumar Pathak, Resident of Village- Kismat Barwa, P.O. As, Via- Andar, DistrictSiwan. 4.

Priyanshu Kumari Pathak, Daughter of Late Madan Kumar Pathak, Resident of Village- Kismat Barwa, P.O.- Ashawn, P.S.- Andar, District- Siwan. Presently Residing at Bhaluaa Khurad, P.O.- Khanpur, District- Saran. 5.

Himansu Kumar Pathak, Son of Late Madan Kumar Pathak, Resident of Village- Kismat Barwa, P.O.- Andar, District- Siwan. ... ... Petitioner/s

Versus

1.

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

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Principal Secretary, Finance Department, Govt. of Bihar, Patna. 4.

The Principal Secretary, Department of Education, Govt. of Bihar, Patna. 5.

The Regional Deputy Director, Purnia.

6.

The District Magistrate, Purnia.

7.

The District Education Officer, Purnia.

8.

The District Programme Officer, Purnia.

9.

The Block Education Officer, Banmankhi.

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

For the Petitioner/s :

Mr. Lakshman Lal Pandey For the Respondent/s :

Standing Counsel (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 09-07-2026 Heard learned counsel for the petitioners and learned counsel for the State.

2. The instant writ petition has been filed for the

Patna High Court CWJC No.9713 of 2026(2) dt.09-07-2026 2/3 following reliefs:- (i) For directing the respondents to extent and grant of the same benefits such as seniority, annual increments, ACP, etc. with effect from the date when, initially, teachers were appointed in pursuance of Advertisement No.210 of 2010 inviting application against vacant post of 34540 trained teachers in the year 2012 but as respondents deliberately did not appointed the father of the petitioners in the year 2012, but subsequently teachers of said advertisement including petitioners were appointed between the period from 30.12.2019 to 24.12.2022. This matter has already been adjudicated vide this Hon'ble Court passed in CWJC No.15663 of 2022 (Santosh Kumar & Ors. vs. State of Bihar & Ors.) and CWJC No.3179 of 2026 (Shambhu Mandal Versus the State of Bihar vide order dated 06.12.2025 & 13.03.2026.) (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.

Patna High Court CWJC No.9713 of 2026(2) dt.09-07-2026 3/3

4. On the other hand, learned counsel for the State does not dispute the factual position and submits that the petitioners may be directed to file representation, 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 representation before the competent authority, along with all supportive documents and the judgment relied upon by them (Annexure-P/6), 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