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Patna High CourtCWJC/15421/2019allowed

Santosh Srivastava @ Santosh Kumar Srivastava v. The State Of Bihar

2025-11-17Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12712 of 2019 ====================================================== 1.

Gitanshu Kumar Pandey Son of Ram Sagar Pandey, Resident of VillageKhal Gaon, P.S. Gopalpur, District- Gopalganj. 2.

Niraj Kumar Rai, Son of Sambhu Nath Rai, Resident of Village- Tara Narhawa, P.S. Gopalpur, District- Gopalganj.

3.

Amritesh Ashutosh , Son of Narbadeshwar Tripathi, Resident of VillageGanesh Asthan Majha, P.S. Phulwariya, District- Gopalganj. 4.

Priyanka Wife of Chakresh Pal, Resident of Village- Nerut, P.S. Sare, District- Nalanda.

5.

Pankaj Kumar Pandey, Son of late Gorakh Nath Pandey, Resident of VillageImilya, P.S. Dumar Narendra Bhore, District- Gopalganj. 6.

Punam Kumari, Wife of Sanjay Kumar, Resident of Village- Sirsa, P.S. Dighwa, Dubauli, District- Gopalganj.

7.

Manoj Kumar Rai, Son of Ram Bilash Rai, Resident of Village- Balua Takiya, P.S. Tamkuhi Raj, District- Kushi Nagar. 8.

John, Son of late Suresh Kumar Singh, Resident of Village- Nawalpur, P.S. Barharia, District- Siwan.

9.

Ajay Kumar Rai, Son of Shiv Shankar Rai, Resident of Village- Baghi, P.S. Patherwa, District- Kushi Nagar.

10.

Umesh Kumar Ram, Son of late Laxman Ram, Resident of Village- Bathna, P.S. Kuchai Kote, District- Gopalganj.

11.

Rajesh Kumar, Son of Late Nand Ji Singh, Resident of Village and P.S. Bhore, District- Gopajganj.

... ... Petitioner/s

Versus

1.

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

2.

The Director, Primary Education, Bihar, Patna. 3.

The Regional Deputy Director of Education, Saran Division, Chapra. 4.

The Distirct Education Officer, Gopalganj.

5.

The District Programme Officer(Establishment), Gopalganj. 6.

The Block Education Officer, Gopalganj.

7.

The Block Education Officer, Kuchai Kote.

8.

The Block Education Officer, Bhore 9.

The Block Education Officer, Uchkagaon.

10.

The Block Education Officer, Baikunthpur.

11.

The Block Education Officer, Katya.

12.

The Block Education Officer, Panchdewri.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 15421 of 2019 ====================================================== Santosh Srivastava @ Santosh Kumar Srivastava Son of Late Dindayal Srivastava R/o Village- Chailwan, P.S. Gopalganj, District- Gopalganj. ... ... Petitioner/s

Patna High Court CWJC No.12712 of 2019(8) dt.17-11-2025 2/3

Versus

1.

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

2.

The Director, Primary Education, Bihar, Patna. 3.

The Regional Deputy Director of Education, Saran Division, Chapra. 4.

The District Education Officer, Gopalganj.

5.

The District Programme Officer (Establishment) Gopalganj. 6.

The Block Education Officer, Gopalganj.

7.

The Block Education Officer, Kuchaikote, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 12712 of 2019) For the Petitioner/s :

Mr.Mukesh Kumar For the Respondent/s :

Smt. Shilpa Singh (GA12) Ms. Neetu Jha, AC to GA-12.

(In Civil Writ Jurisdiction Case No. 15421 of 2019) For the Petitioner/s :

Mr.Prabhakar Singh, Adv.

For the Respondent/s :

Mr. Madanjeet Kumar (GP20) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 17-11-2025 Heard learned counsel for the petitioners and learned counsel for the Respondents-State in the both the aforesaid writ petitions.

2. Learned counsel representing the petitioners of the both the writ petitions submits that the case of these petitioners is squarely covered by the order passed by the Co-ordinate Bench of this Court in which similar issue was the subject matter of the writ petition filed by the similarly situated teachers in CWJC No. 9179/2019 and by a detailed order dated 24.12.2021, the said writ petition was allowed declaring that the Respondents shall not interfere with the appointments of the petitioners made on the regular vacant post of

Patna High Court CWJC No.12712 of 2019(8) dt.17-11-2025 3/3 Teachers/Assistant Teacher in the regular pay-scale.

3. Learned counsel for the Respondent-State does not dispute the statements made by the learned counsel for the petitioners.

4. Accordingly, both these writ petitions are also allowed in terms of the judgment passed in CWJC No. 9179 of 2019.

5. At this stage, learned counsel for the petitioners submits that during pendency of this writ petition (CWJC No. 12712/2019), the original petitioner no. 1. Gitanshu Kumar Pandey has died and therefore, he prays that the benefits, if so, accrues, may be extended to the legal heirs of petitioner no.1.

6. The submission of the learned counsel for the petitioners insofar as it relates to the petitioner no.1, the same are found justified and it is accordingly, directed that if on adjudication, the deceased petitioner no.1 is found entitled, the benefits shall be extended to his legal heirs after verifying their bona fide.

(Ajit Kumar, J) perwez U