IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24202 of 2018

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1.

Dhirendra Kumar Yadav S/o Sri Shailendra Prasad Yadav Resident of

Village-Dekuli,Dharampur,Ward No.9,PO Kamrauli,PS Piprahi,Dist

Sheohar,Presently Working as Librarian in High School,Parsauni

Chowki,Dist.Sitamarhi

2.

Nitesh Kumar Sri Kedar Prasad Resident of Mohalla-Bhawdepur,Gandhi

Chowk,Ward No.17,PO and PS Sitamarhi,Dist. Sitamarhi,Presently Working

as Librarian in High School, Bathnaha Dist.Sitamarhi

3.

Arbind Kumar Singh S/o Sri Nag Narayan Singh Resident of Ward

No.16,Khairwa Khurd,PO and PS Majorganj,Dist.-Sitamarhi,Presently

Working as Librarian in High School,Majorganj, Dist.Sitamarhi ,Presently

Working as Librarian in High School,Majorganj, Dist.Sitamarhi

4.

Rishikesh Anand S/o Sri Uma Shankar Prasad Rersident of Laxman

Nagar,behind Kiran Cinema,Ring Bandh,PO and PS Sitamarhi,Dist.-

Sitamarhi, ,Presently Working as Librarian in Jageshwar High School,j

Bhootahi, Dist.Sitamarhi

5.

Rajiv Kumar S/o Sri Saroj Kumar Verma Resident of Mela

Road,Bhawadepur Behind Baijnath Nursing Home,PO and PS

Sitamarhi,Dist.-Sitamarhi,Presently Working as Librarian in High

School,Rewasi, Dist.Sitamarhi

6.

Jitendra Kumar S./o Sri Laxmi Sah Resident of Sahu Chowk,Rajopatti Near

Telephone Exchange,PO and PS Sitamarhi,Dist.Sitamarhi,Presently Working

as Librarian in High School,Purnahiya, Dist.Sitamarhi

7.

Mukesh Jha S/o Sri Dhruv Kant Jha Resident of Village and PO Bangaon,PS

Bajpatti,Dist.-Sitamarhi,Presently Working as Librarian in High

School,Raipur, Dist.Sitamarhi

8.

Mukesh Kumar S/o Sri Surendra Singh Resident of Village-Talkhapur,PO

and PS Dumra,Dist.-Sitamarhi,presently working as Libarian in Guddar

Jagdeo High School,Sonaul Sultan,Dist.-Sheohar

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary,Govt. of Bihar,Patna

2.

The Principal Secretary Education Department,Govt. of Bihar,Patna

3.

The Director,Secondary Education , Education Department,Govt. of

Bihar,Patna

4.

The District Education Officer, Sitamarhi,Dist.-Sitamarhi

5.

The District Education Officer, Sheohar

6.

The Deputy Development Commissioner-cum-Chief Executive Officer,Zila

Parishad,Sitamarhi,Dist.Sitamarhi

7.

The Deputy Development Commissioner-cum-Chief Executive Officer,Zila

Parishad,Sheohar,Dist.-Sheohar

8.

The Principal, High School,Parsauni Chowki,Dist.-Sitamarhi

Patna High Court CWJC No.24202 of 2018(2) dt.21-11-2022

2/10

9.

The Principal, High School,Bathnaha,Dist.-Sitamarhi

10.

The Principal, High School,Majorganj,Dist.Sitamarhi

11.

The Principal, Jageshwar High School,Bhootahi,Dist.Sitamarhi

12.

The Principal, High Schoo Rewasi,Dist,Sitamarhi

13.

The Principal, High School,Purnahiya,Dist.Sheohar

14.

The Principal, High School,Raipur,Dist.-Sitamarhi

15.

The Principal, Guddar Jgadeo High School,Sonaul Sultan,Dist.-Sheohar

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. S.B.K. Mangalam,Adv.

For the State

:

Mr. Narendra Kumar, AC to GP20

For the Zila Parishad Sheohar:

Mr. Mukesh Kumar, Adv.

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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH

SHARMA

ORAL ORDER

2

21-11-2022

1. The petitioners have submitted that although after

litigation ended up to Supreme Court they were appointed under

the same selection process. However, their appointment is being

treated as fresh and without having been given the benefit of

being in the merit in the original selection.

2. Learned counsel submits that once it is found that

on account of fault of the respondents, the petitioner was denied

appointment, he is entitled for notional continuance of service as

well as seniority from the same day though he may not be

granted actual pay, notional pay-fixation is required to give to

him. Learned counsel rel