Santosh Kamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.942 of 2025 In Civil Writ Jurisdiction Case No.9567 of 2020 ====================================================== 1.

Santosh Kamal Son of Shri Kamal Kishore Choudhary, Resident of Near S.K.M.P. Chandwara Benaras Chowk, P.S.- Purani Bazar, District- Muzaffarpur. 2.

Deepak Kumar Singh, Son of Shri Braj Nandan Singh, Resident of Village- Chak Mohammadpur, Pragati Nagar, Bhikhanpur, P.S.- Ahiapur, District- Muzaffarpur. 3.

Usha Kumari, Daughter of Sri Sakal Deo Prasad, Resident of Sahbajpur, P.S.- Ahiyapur, District- Muzaffarpur.

4.

Kiran Kumari, Daughter of Sri Roop Narayan Prasad Singh, Resident of Balughat, Raj Narayan Singh College, P.S.- Mithanpura, District- Muzaffarpur. 5.

Nishu Kumari, Daughter of Sri Bhubneshar Prasad Srivastava, Resident of Sadipura, New Colony, P.S.- Kaji Mohammadpur, District- Muzaffarpur. 6.

Abha Kumari, Daughter of Sri Surendra Prasad Mehta, Resident of Saidpura, New Colony, P.S.- Kajo Mohammadpur, District- Muzaffarpur. 7.

Zeba, Daughter of Md. Safi Hasan, Resident of Khabra Mahalla, Chandwara, P.S.- Mithanpura, District- Muzaffarpur.

8.

Neeraj Kumar Singh, Son of Shri Bindershwari Singh, Resident of House No. C/178, Police Colony, Anisabad, P.S.- Gardanibagh, District- Patna. 9.

Prafful Kumar, Son of Kapileshwar Prasad Singh, Resident of Raj Tank Laxmipur, Balbhadrapur, P.S.- Laheriasarai, Darbhanga.

10.

Rakesh Kumar Singh, Son of Shri Ram Nath Singh, Resident of Chunna Bhatti Road, Mali Ghat, P.S.- Mithanpura, District- Muzaffarpur. 11.

Rishikant, Late Baidnath Singh, Resident of Aam Gola, Orient Club, P.S- Kaji Mohammadpur, District- Muzaffarpur.

12.

Deepankar Deo Paswan, Son of Late Lakhendra Paswan, Resident of Bhagwanpur, Near Prabhat Tara School, P.S.- Sadar, District- Muzaffarpur. 13.

Kumari Jyoti, Daughter of Dr. Gopal Singh, Resident of Quarter No.301, Ganpati Residence, Saket Bihar, P.S.- Anishabad, District- Patna. 14.

Archana Kumari, Daughter of Sri Chandra Deo Narayan, Resident of Guard Home, Aam Gola, Near Railway Gumati, P.S.- Kaji Mohammadpur, District- Muzaffarpur. 15.

Rajesh Kumar, Son of Shri Maheshwar Singh, Resident of Tinapai Tola, P.S.- Athamangola, District- Patna.

... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, New Secretariat Building, Patna. 2.

The Principal Secretary, Education Department, Government of Bihar, New Secretary, New Secretariat Building, Patna.

3.

The Joint Secretary, Education Department, Government of Bihar, New Secretariat Building, Patna.

4.

The Director, Secondary Education, Education Department, Government of Bihar, New Secretariat Building, Patna.

5.

The Deputy Secretary, Administration, Directorate, Education Department, Government of Bihar, New Secretariat Building, Patna. 6.

The District Education Officer, Muzaffarpur.

7.

The Chief Executive Officer-cum-Deputy Development Commissioner, Muzaffarpur.

8.

The District Education Officer, Darbhanga.

9.

The Chief Executive Officer-cum-Deputy Development Commissioner, Darbhanga.

2/4 10.

The District Education Officer, Jamui.

11.

The Chief Executive Officer-cum-Deputy Development Commissioner, Jamui. 12.

The District Education Officer, Siwan.

13.

The Chief Executive Officer-cum-Deputy Development Commissioner, Siwan. 14.

The Union of India, through the Secretary, Education Department, Government of India, New Delhi.

15.

The Secretary, Education Department, Ministry of Education, Government of India, New Delhi.

16.

The University Grants Commission, through its Chairman, Bahadur Shah Zafar Marg, New Delhi.

17.

The State of Chattisgarh, through its Chief Secretary, Government of Chattisgarh, Mahanadi Bhawan, Mantralaya, Naya Raipur- 492002. 18.

The Secretary, Science and Technology Department, Government of Chattisgarh, Mahanadi Bhawan, Mantralaya, Naya Raipur- 492002. 19.

Ravi Kumar Chaturvedi, Son of Shri Uday Karan Chaturvedi, Resident of Krishna Nagar, P.S- Ahiapur, District- Muzaffarpur.

20.

Dinesh Yadav, Son of Late Gonaur Yadav, Resident of Buniyad Tola, P.S.- Riga, District- Sitamarhi.

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

For the Appellant/s :

Mr. Jagjit Roshan, Advocate Mr. Anjani Kumar, Advocate Mr. Jayant Kumar Ray, Advocate Mr. Shashank Shekhar, Advocate For the State :

Mr. Addl. Advocate General (13) Mr. Anjaneya Singh, A.C. to A.A.G.-13 For the U.O.I.

:

Mr. R.K. Priyadarshi, Advocate For the Resp. Nos. 19 & 20 :

Mr. Prashant Raj, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 29-06-2026 By filing the instant Letters Patent Appeal, the appellants assail the order of the learned Single Judge passed in C.W.J.C. No. 9567 of 2020, whereby the writ petition was disposed of with the following observations: "2. The respective counsels have

3/4 jointly inform that the facts of the present writ petition and the information contained therein, are similar to the facts of the L.P.A. No. 671 of 2018 (Priyanka Kumari & Ors. vs. the State of Bihar & Ors.) arising out of CWJC No. 6827 of 2016 and, therefore, there is not requirement to reconsider the admitted facts in view of the observations and directions contained particularly in paragraphs no. 9 to 11 of the judgment dated 11.04.2019 passed in L.P.A. No. 671 of 2018.

3.

Considering the aforesaid information, the present writ petition is disposed of in terms of the direction contained in paragraph no. 11 of the L.P.A. No. 671 of 2018 arising out of CWJC No. 6827 of 2016, however, the same will be subject to the final outcome of the appeal filed before the Hon'ble Supreme Court, which has been registered vide Diary No. 30148 of 2022 (Priyanka Kumari & Ors. vs. the State of Bihar & Ors.)."

2. Heard learned counsel for the parties.

3. It is submitted that the issue involved in the present appeal stands concluded by the judgment of the Hon'ble Supreme Court in Civil Appeal No. 797 of 2026, wherein it was, inter alia, held as follows:

"18. As a consequence, the impugned order passed by the High Court is set aside.

The Writ Petition filed by the appellants before the High Court is allowed. They are directed to be reinstated in service, with continuity.

4/4 However, considering the fact that they have not performed their duties for the intervening period, and it cannot be said to be a case where only the respondent-State is at fault, in our view, they shall not be entitled to any back wages."

4. The aforesaid submission is not disputed by the learned counsel appearing for the respondents.

5. In light of the foregoing facts and circumstances nothing further remains for adjudication in the present appeal. The Letters Patent Appeal accordingly stands disposed of.

(Meenakshi Madan Rai, CJ) (Soni Shrivastava, J) Neha/- AFR/NAFR CAV DATE Uploading Date 03.07.2026 Transmission Date