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Patna High CourtCWJC/2243/2017disposed

Manju Sinha And ORS v. The State Of Bihar And ORS

2025-11-10Mr. Justice Alok Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2243 of 2017 ====================================================== 1.

Manju Sinha W/o Late Upendra Singh, Resident of Village- Mushari, P.S.- Parsauni, District- Sitamarhi, presently posted as Assistant Teacher, Middle School Koriyahi, Parsurampur, P.S.- Parsauni, District- Sitamarhi. 2.

Anima Kumari, W/o Arvind Kumar Singh, Resident of Village- Mushari, P.S.- Parsauni, District- Sitamarhi, presently posted as Assistant Teacher, Middle School Koriyahi, Parsurampur, P.S.- Parsauni, District- Sitamarhi. 3.

Md. Israphil, S/o Md. Gulzar, Resident of Village- Parsauni Mailwar, P.S.- Parsauni, District- Sitamarhi, presently posted as Assistant Teacher, Middle School Dhanhara, Parsurampur, P.S.- Parsauni, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Director Primary Education, Education Department, Govt. of Bihar, Patna.

3.

The District Education Officer, Sitamarhi, District- Sitamarhi. 4.

Anmola Kumari, D/o Ramasray Prasad Singh, presently posted as Assistant Teacher, Middle School Koily Kanya Nanpur, District- Sitamarhi. 5.

Sri Ram Binoy Singh, S/o Ram Sagar Singh, Resident- Balha, P.S.- Parsauni, District- Sitamarhi, presently posted as Assistant Teacher, Middle School, Parsauni, P.S.- Parsauni, District- Sitamarhi. 6.

Smt. Asha Kumari, W/o Sri Ram Binoy Singh, Resident- Balha, P.S.- Parsauni, District- Sitamarhi, presently posted as Assistant Teacher, Primary School Balha, P.S.- Parsauni, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Adv For the Respondent/s :

Mr. Madanjit Singh- Gp20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 10-11-2025 Heard learned counsel for the petitioners and learned counsel for the respondent-State.

2. In the present writ application, the petitioners have prayed for the grant of following reliefs:

(i) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent

Patna High Court CWJC No.2243 of 2017(10) dt.10-11-2025 2/3 authorities to count the services of the petitioners from training sessions i.e. from 1980-82, for all practical purposes, specially for calculating the pensionary benefit of the petitioners, since from the said date similarly situated candidates like the petitioners, who had under went teachers training course with the petitioners were appointed as Assistant Teachers and the petitioners were not appointed like respondent no. 4 and 5.

(ii) For issuance of any other writ/writs, order/orders, direction/directions for which the writ petitioner is entitled under the facts and circumstances, of the case.

3. With the consent of both the parties, this writ application is being disposed of at this stage itself.

4. Learned counsel for the respondent-State submits that in the facts and circumstances of the present case, it would be better if the petitioner would file a representation before the Director, Primary Education, Education Department, Government of Bihar, Patna (respondent no. 2) for seeking the aforesaid reliefs and an appropriate direction be issued by this Court to the Director, Primary Education, Education Department, Government of Bihar, Patna (respondent no. 2) to dispose of the representation of the petitioners within a fixed

Patna High Court CWJC No.2243 of 2017(10) dt.10-11-2025 3/3 time frame by passing a reasoned and speaking order.

5. To this submission being made by learned counsel for the respondent-State, learned counsel for the petitioners does not have any objection.

6. In light of the aforesaid submissions made by the parties, this writ application is disposed of directing the petitioners to file a representation before the Director, Primary Education, Education Department, Government of Bihar, Patna (respondent no. 2) within one month from today and if such a representation is filed, the same shall be heard and disposed of on merit after giving an opportunity of hearing to the petitioners, by passing a reasoned and speaking order. The entire exercise must be completed by the Director, Primary Education, Education Department, Government of Bihar, Patna (respondent no. 2) within three months from the date of filing of the representation by the petitioners.

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