IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.318 of 2026 ======================================================

Manik Chand Ram S/o Sukhari Ram, Resident of Takiya, Bhavanipur, Badhaiyabagh, P.S. Sasaram, Dist- Rohtas.

... ... Petitioner/s Versus

1. The State of Bihar.

2. The Principal Secretary, H.R.D., Govt. of Bihar.

3. The Director (Primary Education) H.R.D., Govt. of Bihar.

4. The District Magistrate, Kaimur.

5. The District Education Officer, Kaimur.

6. The District Program Officer, (Establishment), Dist Kaimur.

7. The Block Education Officer, Bhagwanpur, Dist Kaimur.

8. The Headmaster Upgraded Middle School Pihara, Block Bhagwanpur, Dist Kaimur.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Bijay Shankar Choubey, Adv.

For the Respondent/s : Mr.Government Pleader (07)

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

2 12-01-2026 Heard learned counsel for the parties.

2. The instant writ petition has been filed for the following relief:-

“1. That the present writ application is being preferred for i. For issuance of direction, order or writ in the nature of Mandamus, or any other appropriate writ/writs, order/orders, direction/directions, commanding the respondents to pay arrear of salary from the month of February 2012 to February 2024, periods the respondent authority has restrained to the petitioner to perform his duty on the post of Assistant Teacher as the petitioner was appointed wide order dated 16.02.2012 on the post of Regular Assistant Teacher (Trained) 34540 Grade, after followed due procedure and selection and also on the recommendations of Hon'ble Apex Court in Pay Scale of Rs. 4200/- Band P-2 Grade and latter on wrongly terminated to the petitioner vide letter dated 26.5.2012 and after long litigation the respondent has reinstated to the petitioner vide letter dated 02.02.2024.

ii. To issue a direction, order, or writ upon the respondents to grant all subsequent benefit to the petitioner who has been reinstated the service of petitioner from the date of her termination on the post of Assistant Teacher (Trained)34540 grade, as similarly situated persons have already been granted the same benefit in light of judgment rendered in L.P.A. No. 1254 of 2016, and analogous matter, L.P.A. No.

1309 of 2017 and L.P.A No. 1310 of 2017.

iii. and for the other necessary relief/reliefs to the basis of the facts and circumstances of the case as enumerated and stated hereinafter.”

3. Learned counsel for the petitioner submits that the appointment of the petitioner was made pursuant to the advertisement issued by the Bihar Staff Selection Commission and after assessing his eligibility and qualification for the post, the appointment on the post of Assistant Teacher (Trained) as against 34,540 vacant posts is said to have been made and in compliance of the directions of the Hon’ble Apex Court passed in Contempt Petition No. 297 of 2007 and a Committee constituted by Hon’ble Mr. Justice S.K. Chattopadhyaya for scrutinizing the candidature of the similarly situated persons including the petitioner, a merit list was prepared and, on approval being made by the Hon’ble Apex Court, the name of the petitioner having figured in the merit list as per reservation roaster and the petitioner having been found to be qualified, his appointment was directed by issuing appointment letter and accordingly, joined in Up-graded middle school, Bihara, Block Bhagwanpur in Kaimur district.

4. While the petitioner was continuing to discharge his duty with full devotion and satisfaction, to his utter surprise, the District Education Officer vide Memo No. 1725 dated 26.05.2012 cancelled his appointment by interfering with the order passed by the Hon’ble Apex Court wherein the directions were issued to the authority not to disturb their appointment and still, for no obvious reasons, the appointment of the petitioner along w