IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7074 of 2000 1. Baliram Singh, son of Shri Sudama Singh, resident of village Paharpur, P.S. Kuchaikoit, District Gopalganj. 2. Ambika Ram, Son of Shri Surya Deo Ram, Resident of village Kesari, P.O. Khairadip, District Aurangabad. 3. Lal Bahadur Pandey, son of Late Ram Raj Pandey, resident of village Mairwa, Rajpatti, District Gopalganj. 4. Dineshwwar Pathak, son of Shri Setubandh Pathak, resident of Village Bargo, P.O. Jogia, District West Champaran. 5. Smt. Gita Mishra, Wife of Shri Vinod Kumar Mishra, Resident of Village Ranipur, P.O. Ashambindaban, District West Champaran. 6. Ram Gati Baitha, Son of Shri Saryu Baitha, resident of Village Rezi, P.O. Bana, District Garhwa. 7. Sitanshu Kenar, son of Late Ram Kinkar Kumar, resident of Village Madhuban, P.O. Lodana, District Dhanbad. 8. Vinod Kumar, son of Late Fakir Chand Sharma, resident of at & P.O. Yadav Pur, District Dhanbad. 9. Gangadhar Mandal, son of Shri Gayaram Mandal, resident of Ashan Bani, P.O. Bhitiyan, District Dhanbad. 10. Anand Singh Choudhary, son of Late Bal Bhadra Singh Choudhary, resident of at & P.O. Kharani-I, District Dhanbad. 11. Md. Jamshed Ansari, son of Shri Babujan Miyan, resident of at & P.O. Kalajhar, District Dumka. 12. Satish Kumar Sinha, Son of Shri Tarkeshwar Prasad Sinha, Resident of Village Kolhar, P.O. Purnadih, District Dhanbad. 13. Kailash Prasad, Son of Late Dwarika Prasad, Resident of near Vidya Mandir, P.O. Chatra, District Chatra. 14. Suresh Pandey, Son of Shri Rameshwar Pandey, Resident of at & P.O. Kharahuyan, District Hazaribagh. 15. Surya Prasad, Son of Shri Mangal Prasad, Resident of at & P.O. Mehta Tola, District East Champaran. 16. Smt. Sudha rani Jaisawal, Wife of Shri Virendra Prasad Jaiswal, Resident of Gandhi Bazar, Bettiah, District West Champaran. 17. Smt. Lalita Singh, wife of Shri Satya Prakash Singh, Resident of at Khiria, P.O. Mahuawa, District deoria, Uttar Pradesh. 18. Smt. Amita Majumdar, Wife of Shri Sangit Kumar Majumdar, Resident of Neo Chandmari, Motihari, District East Champaran. 19. Narendra Dev, Son of Shri Vijendra Dev, Resident of at & P.O. Hilsa, District Nalanda. 20. Moin Ansari, son of Late Karimul Hoda Ansari, Resident of Village Mogalpura, P.O. Mehsi, District East Champaran. 21. Ganesh Choudhary, son of Late Ram Baran Choudhary, Resident of at & P.O. Bairia, District West Champaran. 22. Nand Lal Thakur, son of Late Naga Thakur, Resident of at Purandarpur, P.O. Khaddakunjlah, District West Champaran. 2 23. Ramayan Choudhary, son of Shri Pashupati Choudhary, Resident of Sonasati, P.O. Rajpurmadan, District West Champaran. 24. Lakshmeshwar Rai, Son of Late Vidhya Nath Rai, Resident of at & P.O. Virsari, District Madhubani. 25. Abdul Kaish, son of Md. Jane Alam, Resident of at Sakari Nayatola, P.O. Sakari, District Madhubani. 26. Daya Nath Jha, Son of Pandit Shri Tej Nath Jha, resident of Village & P.O. Naruar, District Madhubani. 27. Mojammil Hasan, Son of Md. Abdul Hasan, Resident of at Dangalpara, P.O. Hijalaroad, District Dumka. 28. Ram Chandra Pandey, son of Late Bindhyachal Pandey, Resident of Village Khargoli, P.O. Jalalpur, District Gopalganj. 29. Miss Brijit Michal Dicruz, D/o Late Mical John Dicruj, Resident of St. Mikal School, Daniatola, District Saran. 30. Ram Kumar Singh, son of Shri Shiv Nandan Singh, Resident of at & P.O. Koraiyan, District Gopalganj. 31. Anil Kumar Prasad, Son of Shri Gopal Lal, Resident of Lakribanbir, P.O. Bathua Bazar, District Gopalganj. 32. Subhash Baitha @ Suvash Baitha, Son of Sri Ram Lochan Baitha, Resident of at Mangara Bazar, P.O. Ahiyapur, District Gopalganj. 33. Dilip Kumar Maiti, Son of Shri Jaldhar Maiti, Resident of Ram Krishna Colony, P.O. Paithpur, District East Singhbhum. 34. Smt. Sudha Sinha, Wife of Shri Anjali Kumar Sinha, Resident of Mohalla Amgola, Khazurbani, District Muzaffarpur. 35. Chathu Mahto, Son of Shri Bandhan Mahto, Resident of At & P.O. Moh Nura, District Hazaribagh. 36. Smt. Kameshwari Kumari, Wife of Shri Ravindra Kumar Singh, Resident of Rathor Bhawan, P.O. Gangajala, District Saharsa. 37. Smt. Sadhana Saha, Wife of Shri Prabhat Kumar Poddar, Resident of at & P.O. Kasawa, District Purnea. 38. Shambahu Nath Tiwari, Son of Late Mahabir Tiwari, Resident of at Sohagpur, P.O. Hathua, District Gopalganj. 39. Upendra Choudhary, Son of Late Gangai Choudhary, Resident of Village Gakhroli, P.O. Berama, District Madhubani. 40. Dev Chandra Choudhary, Son of Late Yadu Choudhary, Resident of Kachanpur, P.O. Rajasan, District Vaishali. 41. Tushar Kant Sinha, Son of Shri Mukund Murari Sinha, Resident of M.I.G. 69, Awas Board, P.O. Barari, District Bhagalpur. 42. Deepak Verma, Son of Shri Bibha Shankar Verma, Resident of at Sundri, P.O. Sundri, P.S. Barharia, District Siwan. 43. Smt. Sheela Kumari, Wife of Shri D.N. Sharma, Resident of at Rasulpur, P.O. Majholia Road, District Muzaffarpur. 44. Smt. Aruna Kumari Pradhan, Son of Late Punit Lal Saha, Resident of Mohalla Amgola, Ramana, District Muzaffarpur. 45. Smt. Kumkum Sinha, Wife of Shri Nawal Kishore Sinha, Resident of at & P.O. Rasulpur Zilani, District Muzaffarpur. 46. Sunil Kumar Singh, Son of Shri Bachcha Prasad Singh, Resident of at & P.O. Narwara, District Sheohar. 47. Smt. Renu Bala, Wife of Prem P. Verma, Resident of Mohalla Khajurbani, Amgola, District Muzaffarpur. 3 48. Smt. Soma Sharma, Wife of Shri Hari Prasad Sharma, Resident of Mohalla Pankhatoli, Ramana, District Muzaffarpur. 49. Laljee Ram, Son of Shri Lakhi Chand Ram, Resident of at Ajgari, P.O. Ajgarwa, District East Champaran. 50. Smt. Kamarjahan Sumani, Wife of Late Abdul Daiyan, Resident of Mohalla Maripur, Subhani Manjil, District Muzaffarpur. 51. Abhay Kumar, Son of Shri Kailash Pati Srivastava, Resident of at Rampurdih, P.O. Laheria Sarai, District Darbhanga. 52. Smt. Savita Mishra, Wife of Dr. Ajit Kumar Mishra, Resident of Mohalla New Professors Colony, Hanu, Ganj, District Darbhanga. 53. Md. Galib Khan, Son of Md. Sorab Khan, Resident of At & P.O. Piru, District Auragabad. 54. Smt. Mina Kumari, Wife of Shri Sri Kailash Mahto, Resident of Babhangawa Bazar, P.O. Bajpatti, District Sitamarhi. 55. Miss Indu Kumari, Daughter of Sri Kishor Narayan Singh, Resident of Nayatola, Chodharani Gali, District Muzaffarpur. 56. Binda Ram, Son of Late Bilar Ram, Resident of Astipur, Lalachak, P.O. Gospur, District Vaishali. 57. Smt. Usha Kumari, Wife of Dr. Narayan Sharma, Resident of at Rampur, P.O. Kaithiobra, District Aurangabad. 58. Smt. Hansirani Datta, Wife of Shri Ashok Kumar Datta, Resident of at Hasanpur Raniganj, Meri Ganj, District Araria. 59. Smt. Bibha Kumari Singh, Wife of Shri Bindeshwari Prasad Singh, Resident of Saharsa, Mohalla Gangajala, Ward No.3, District Saharsa. 60. Smt. Shiwani Sinha, Wife of Shri Virendra Kumar Sinha, Resident of at & P.O. T. Bilasi, District Deoghar. --------- Petitioners Versus 1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Department of Personnel & Administrative Reforms, Government of Bihar, Patna. 3. The Secretary, Finance Department, Government of Bihar, Patna. 4. The Secretary-cum-Commissioner, Department of Secondary, Primary & Adult Education, Government of Bihar, Patna. 5. The Director, Directorate of Mass Education, Department of Secondary, Primary & Adult Education, Government of Bihar, Vikas Bhawan, Patna. --------- Respondents With CWJC No.13639 of 2000 1. Smt. Meena Jha, Wife of Shri Naresh Mohan Mishra, Resident of Murliganj, P.S. Kumarkhand, District Khagaria. 2. Smt. Sushma Rastogi, Wife of Shri Brajmohan Rastogi, Resident of Rastogi Sadan, P.O. Siwan, District Siwan. 3. Smt. Salma Nasrin, wife of Md. Abdul Sattar, Resident of At & P.O. Barkagaon, District Siwan. 4 4. Arun Bek, Son of Late Prem Chandra Imanubelbek, Resident of Haran Ganj, District Hazaribagh. 5. Kaineth Kumar, Son of Late Jaimangal Kumar, Resident of Village Harshaganj, District Hazaribagh. 6. Manohar Ram Bhadani, Son of Late Radha Raman Bhadani, Resident of at & P.O. Pachamba, District Giridih. 7. Smt. Rukamini Devi Keshari, Wife of Shri Shambhu Prasad Sah, Resident of at & P.O. Meghlal Puri Lane, District Deoghar. 8. Rasik Murmu, Son of Shri Musi Murmu, Resident of Pataidham, P.O. Bhurkunda, District Dumka. 9. Ajit Kumar Mahatha, Son of Shri Kedar Nath Mahatha, Resident of Village Sabara, P.O. Chandra, District Bokaro. 10. Rai Pradeep Kumar, Son of Shri Kauleshwar Rai, Resident of Shivpuri Road, District Hazaribagh. 11. Om Prakash Mandal, Son of Shri Nand Lal Mandal, Residnet of at & P.O. Ghormara, District Deoghar. 12. Gameshwar Hansada, son of Late Binda Hansada, Resident of Navadih, P.O. Paligori, District Deoghar. 13. Lubin Murmu, Son of Late Churku Murmu, Resident of at Tarajora, P.O. Guhiajori, District Dumka. 14. Subhash Chandra Hembram, Son of Shri Chota Bhushan Hembram, Resident of at Badh Dih, P.O. Barhet, District Sahebganj. 15. Smt. Sarojani Devi Gupta, Wife of Shri Ganga Prasad, Resident of at Devipur, P.O. Jaisidih, District Deoghar. 16. Saligram Mahto, Son of Shri Gongo Mahto, Resident of at & P.O. Khetko, District Giridih. 17. Pratibha Sinha, Wife of Shri Sunil Kumar Sinha, Resident of Nila Niketan, Amla Tola, Madhubani Bazar, District Purnea. 18. Shamsul Haque, Son of Shri Sukat Mian, Resident of Miratola, P.O. & P.S. Majhagarh, District Gopalganj. 19. Pal Kandulana, Son of Late Emanuel Kandulana, Resident of At & P.O. Tutikel, District Gumla. 20. Tara Chandra Choudhary, Son of Shri Ram Pati Choudhary, Resident of Shankarpur Colony, Karpur, District Munger. 21. Smt. Anita Chakraborty, Wife of Late Durga Das Chakrawartee, Resident of Manai Tand, Kumhar Patti, District Dhanbad. 22. Meena Sinha, Wife of Shri Ajay Shankar Lal, Resident of Gaddi, P.O. Srirampur, District Giridih. 23. Smt. Snehlata Sinha, Wife of Shri Nagendra Prasad, Resident of at & P.O. Patrakulhi, District Dhanbad. 24. Smt. Chhaviu Khalkho, Wife of Shri Ravi Kant Khalkho, Resident of Kokar, Khoraha Toli, District Ranchi. 25. Md. Kamruddin Ansari, Son of Md. Sarfuddin Asnari, Resident of At & P.O. Bhagwanpur, District Siwan. 26. Smt. Neeraj Bala, Wife of Shri Onkar Singh, Resident of Village Bhuloli, P.O. Tenua, District Siwan. 27. Smt. Saukat Ara, Wife of Md. Lukman, Resident of Maulvitola, Madhubani, District Purenea. 28. Smt. Kranti Sinha, Wife of Dr. P.N. Sinha, Resident of Village Sarifa, P.O. Karharia, District Bhagalpur. 5 29. Smt. Jayamantri Devi, Wife of Shri Karam Chandra Nayak, At Tiro, P.O. Pathuria, district Bokaro. 30. Smt. Madhavi Sinha, Wife of Shri Niraj Kumar Sinha at Sanhauli, P.O. N. Hajipur, District Khagaria. 31. Lalan Singh Chauhan, Son of Shri Jai Narayan Singh, Residnet of At & P.O. Baj Bariyarpur, District East Champaran. 32. Smt. Meera Singh, Wife of Ashwani Kumar Sinha, Resident of Darshan Niwas, P.O. Deep Nagar, District Bhagalpur. 33. Nawal Kishore Singh, Son of Late Sinheshwar Prasad Singh, Resident of at Khawaspur, P.O. Pirpaiti, District Bhagalpur. 34. Md. Shafiullah, Son of Md. Namiuddin, Residnet of At and P.O. Bucha, P.S. Sugauli, District East Champaran. 35. Smt. Renu Bala, Wife of Shri Shankar Lal Verma, Resident of at Doranda, P.O. Hinu, District Ranchi. 36. Sriram Mahto, Son of Shri Ram Bilas Mahto, Residnet of At & P.O. Adharsultanpur, District Siwan. 37. Smt. Nirmala Mandal, Wfie of Shri Vijay Narayan Mandal, Resident of At & P.O. Bhitiyan, District Banka. 38. Yogendra Kumar, Son of Late Sukhadev Prasad, Resident of Godri Bazar, P.O. Chapra, District Saran. 39. Smt. Pritam Mishra, Wife of Shri Nandan Kishore Dubey, Resident of At & P.O. Gogari, District Khagaria. 40. Pradip Kumar Manjhi, Son of Shri Sundarn Lal Manjhi, Resident of At & P.O. Kasaba, District Purnea. 41. Md. Shamshad Ahmad Azad, Son of Md. Safiur Rahman, Residnet of At & P.O. Abawkarpur, District Vaishali. 42. Smt. Kanak Kumari, Wife of Prof. Vijay Kumar Sinha, Mission Compound, Chapra, District Saran. 43. Binay Kumar Jha, Son of Shri Siva Nand Jha, Residnet of Ramganj, Khosi Sharanpur, District Madhepura. 44. Smt. Sashi Verma, Wife of Shri Basant Kumar, Resident of at & P.O. Sonholi, District Khagaria. 45. Miss Sadhana Mishra, Daughter of Sri Gopi Krishna Mishra, Resident of At & P.O. Gogari, District Khagaria. 46. Raj Kishore Rai, Son of Late Dineshwar Rai, Resident of At Kharika, P.O. Harlong, District Hazaribagh. 47. Surya Prakash, Son of Shri Mahabir Prasad Verma, Resident of at & P.O. Bhagwanpur Bazar, District Saran at Chapra. ------ Petitioners Versus 1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Department of Personnel & Administrative Reforms, Government of Bihar, Patna. 3. The Secretary, Finance Department, Government of Bihar, Patna. 4. The Secretary-cum-Commissioner, Department of Secondary, Primary & Adult Education, Government of Bihar, Patna. 5. The Director, Directorate of Mass Education, Department of Secondary, Primary & Adult Education, Government of Bihar, Vikas Bhawan, Patna. ---------- Respondents 6 ----------- 8 3.7.2009 Heard counsel for the petitioners and counsel for the State. As noted in the earlier order of this Court dated 24.4.2008, the only controversy which survives for adjudication in these two writ applications is with regard to the claim of the petitioners for getting benefits of their past services for the purpose of continuity of service for the period in between 1992 to 1998 during which they were terminated and subsequently reinstated. The respondents in their supplementary counter affidavit in paragraphs no.4(b) & 5 respectively have taken a stand that the matter was under serious consideration of the State Government and a decision was also likely to be taken within a period of six months. Though a period of six months have already elapsed long back but this Court despite the earlier order of this Court dated 24.4.2008 has not been apprised as to what decision, if any, has been taken by the respondents as with regard to giving benefit 7 of continuity in service for the purposes of post retiral benefit. Keeping these two writ petitions pending, in such circumstances would serve no fruitful purpose and therefore, this Court would direct the respondents to take their final decision in terms of the paragraph no. 4(b) & 5 of the Supplementary counter affidavit within a period of six months from the date of receipt/production of a copy of this order. In order to expedite the matter, the petitioners are also given liberty to file their individual representations giving out the brief history of their services as also relevant decision which would enable them to claim continuity in service. Such representations filed by the petitioners must be considered and disposed of by a speaking order, within the stipulated period as indicated above in this order. With the aforementioned observation and direction, both of these writ applications are disposed of. Rsh (Mihir Kumar Jha, J.)