The court determined that teachers' non-recognition based on arbitrary cut-off dates was unlawful, emphasizing the need for adherence to prior judicial resolutions affirming their employment status and rights.

JUDGMENT :

AJIT KUMAR, J.

1. Heard Sri. P.N.Shahi, Sr. Advocate, Sri Pankaj Kumar Sinha, Advocate, Smt. Sudha Ambastha, Sri Mritunjay Kumar, Advocates for the petitioners and Sri. Jitendra Kumar Roy, SC-13 assisted by Sri Hitesh Suman, AC to SC-13, Sri Kameshwar Kumar, GP-17, assisted by S.K.Ranjan, AC to GP- 17 and Smt. Binita Singh, SC-28, for the Respondents-State.

2. Pursuant to the Order dated 01.12.2023 & 04.01.2024 passed in CWJC No. 5650 of 2019, the other writ petitions being CWJC No. 6290 of 2019, CWJC No. 6684 of 2019 & CWJC No. 5189 of 2020 were made analogous and after completing the pleadings by allowing all the parties to submit their responses, the matter was finally heard on 16.09.2025, and after hearing the respective counsels for the writ petitioners as well as the Respondents, and accordingly, the above writ petitions are being disposed of by a common order as the issues involved in these cases originates from the common impugned order, while in CWJC No. 6290 of 2019, there is no decision taken by the respondents with regard to their absorption in the light of the Resolution of the Government issued through the Department of Education as contained in Memo No.-12/P1-18/90/98P dated 15.06.2018, while the stand of the respondents in the counter affidavit being common to that of the reasons assigned in the impugned orders, the subject matter of which is challenged in the other analogous writ petitions, referring to the cut-off date shown to be operating as a bar in deciding their case of absorption, this writ petition is also being adjudicated together with the other writ petitions referred hereinabove.

3. The writ petitions i.e., CWJC No. 5650 of 2019, CWJC No. 6684 of 2019 along with CWJC No. 5189 of 2020 have been filed for the relief(s) mentioned hereinbelow: -

(i) For setting aside the office order contained in memo no. 125P dated 24.08.18 issued by respondent no.2/4 with respect to petitioners wherein rejecting the claim of approval of service of petitioners on the post of teacher in Ram Karan Thakur Project Balika Uchha Vidyalaya, Imansarai, Patori, Samastipur, he has illegally, arbitrary recorded of fraud of the date of appointment of petitioners which is contrary to the records and unsustainable in the eye of law.

(ii) For directing the respondents to approve the service of petitioner with effect from 01.01.1989 alongwith consequential payment of arrear salary and up-to-date salary forthwith since arrear salary have already been paid to other three teaching and non-teaching employees of the school in question.

4. While, the Writ Petition CWJC No. 6290 of 2019 has been filed for the following relief(s):-

(1) For a direction to the respondents authorities, to absorb these petitioners on the post of Teacher serial No. 1 to 3 and Night Guard (S.No-4) in pursuant to the Resolution issued by the Education Department Government of Bihar, Patna bearing Memo No. 12/P1-18/90/98P dated 15.06.2018 (ANX-8) on the basis of order passed by the Apex Court in Civil Appeal No.6626-6675/2001.

(ii) For further direction to the concerned respondents authorities for payment of the salary since the date they are working on the said post.

(iii) For other consequential relief/reliefs as Hon’ble Court may deem fit proper in the ends of justice.

Submission on behalf of the Counsel for the Writ Petitioner in CWJC No.- 5650 of 2019 .

5. The counsel for the petitioner submits that the District Level C