IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8237 of 2008 MAHESHWAR PRASAD, S/O SRI SUMIRAN MAHTO, R/O VILLAGE AND P.O.-KAMRAO, P.S.-DALSINGH SARAI, DISTRICT-SAMASTIPUR. ……………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA, BUDH MARG, PATNA. 2. REGIONAL DEPUTY DIRECTOR OF EDUCATION, DARBHANGA DIVISION, DARBHANGA (LAHERIASARAI). 3. DISTRICT EDUCATION OFFICER, SAMASTIPUR. ……………RESPONDENTS. ----------- 3 29.08.2011 Petitioner’s prayer in this writ application is for a direction to the respondents to re-fix his seniority treating him as Post Graduate Trained Teacher with effect from 01.04.1978 in terms of a judgment of this Court dated 18.11.1995 passed in CWJC No.1523 of 1984. A counter affidavit has been filed in this case disputing the entitlement of the petitioner. However, it goes without saying that, if a law has been laid down by this Court by a judgment and the said judgment is still in operation all persons identically situated or in whose cases the said law laid down squarely applies are entitled to the benefits of the said judgment even though they may not be party 2 in the case. It is established that a law laid down by the Court operates in rem to be applicable in the cases of all identically situated and if the facts and materials prove that other persons are identically situated and covered by the law laid down, the respondents are duty bound to give the benefits of the same to that persons also even though he may not have earlier moved this Court. However, applicability of the judgment to a particular individual who had not moved this Court has to be established after examining the entire aspect of the matter which the concerned authority is required to do. If he finds that the case is distinguishable and the judgment does not squarely apply to him or that subsequent judgment has watered down the earlier judgment of this Court, he is at liberty to deny benefits of the same to him by assigning reasons for such denial. In the circumstances, the writ application is disposed of with a direction to the Director, Secondary Education to consider the pending representation of the 3 petitioner in view of the observations above and pass a reasoned order on the same positively within three months from the date of receipt/production of a copy of this order. Arvind/ ( J.N. Singh, J.)