Mahmood Alam And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2284 of 2019 ======================================================
1. Mahmood Alam son of Md Musa Ansari Resident of Village Pandriwa Baoli Shah, PO Hajipur, PS Hajipur Sadar District Vaishali. Retired Teacher Middle School Bheiropur Urdu Block Bidupur Vaishali
2. Rajiv Ranjan Jha Son of Ramanand Jha Resident of Village Samata Colony P.S. and P.O. Hajipur, District- Vaishali. at present posted at Up graded Middle School Chakgandha, Badipur, Hajipur
3. Binod Kumar @ Binod Prasad Son of Paras Nath Prasad Resident of Village Bari Yusufpur, P.S.- Hajipur Industrial District Vaishali
4. Rakesh Raj Son of Ramanand Prasad Resident of Village Neura, PS Bihta, District Patna. at present posted at Teacher Middle School Chotiyusufpur, Hajipur
5. Md Javed Alam Son of Md Jahid Hussion Resident of Village Samlo Patti P.S. Mahue, District Vaishali. at present posted at Teacher Primary School Narayan Pur Urdu Rajapakar
6. Pratima Singh Son of Navin Kumar Singh Resident of Village Rahsa, P.S. Bhawanpur District- Vaishali. at present posted at Teacher Primary School Gandak Colony Hajipur
7. Maksood Alam Rizvi Son of Vusaf Ahmad Resident of Village Sherpur PO and PS- VidyaPati Nagar, District- Samastipur. at present posted at assistant teacher primary School Mahnar (Kanya) Hajipur
8. Umesh Prasad Choudhary Son of Bholeshwar Choudhry Resident of Village Bari Yusufpur, P.S. Hajipur Industrial Area Hajipur District Vaishali. at present Posted at Assistant Teacher Middle School Bhagamali South Block, Hajipur
9. Umesh Kumar Singh Son of Sri Nand Lel Singh Resident of Village and Sanchi Patti, PS Nagar Hajipur, District Vaishali. at present posted at Assistant Teacher Middle School Railway Anwarpur Block Hajipur
10. Md Jahagir Alam Son of Abdul Rashid Resident of Village- Doulat Pur P.S. Sadar Hajipur District Vaishali. at present posted at Assistant Teacher Upgraded Middle School Mansoorpur Bhagwanpur, Hajipur
11. Ashwani Kumar Son of Late Prameshwar Singh Resident of Village Hidayatpur, PS Mahua, District Vaishali. at present posted at Assistant Teacher Askarnpur Hajipur
12. Sarvajit Kumar Son of Late Maheshwar Prasad Singh Resident of VillagePaharpur, PS Baligaon, District- Vaishali. at present posted at Head Master Middle School Damodar pur
13. Md Abrar Ahamad Son of Md Kalim Resident of Village Darhua, PS Patepur, District- Vaishali. at present posted at Head Master Urdu Middle School Vaishali
14. Md Abtab Alam Son of Late Laskar Rahman Resident of Village Akhtiyar Pur Doghra, PS Baligaon, District- Vaishali. at present posted at Head Master Up graded Middle School Labthan, Urdu, Block Patepur
15. Rekha Kumari Wife of Ashok Sharma Resident of Village Raspati Apartment Flat No. 202A Ashiana Nagar P.S. Vetenory College, at present posted at Head Master Middle School Sukumapur Block Rashopur
16. Savitri Kumari Wife of Lal Mohan Prasad Resident of Mohlla Choti Pahari Behind Sahare Godown, Agamkuan, P.S.- Agamkuan District Patna. at present posted at Head Master Middle School Railway Anwarpur Hajipur
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17. Sudhir Kumar Sinha Son of Late Kishori Prasad Resident of VillageMathura, PS Bidupur, District- Vaishali. at present posted at Assistant Teacher Middle School Sahdulapur, Satan Hajipur
18. Chandra Bhushan Kumar Singh Son of Sri Anurudh Singh Resident of Village- Bithouli, PS Bhagwanpur District- Vaishali. at present posted at Assistant TeacherGovernment Primary Middle School Anjali Block Bhagwanpur District Vaishali
19. Sunita Sinha @ Kumari Sunita Sinha Daughter of Bhushan Singh Resident of Village and P.O.- Bidhauli, PS Bhagwanpur District- Vaishali. at present posted at Assistant Teacher Government Utter Middle School Mashopur Ram
20. Dhiraj Kumar Son of Late Chandra Shekhar Prasad Narayan Singh Resident of Village and P.O.- Bidhouli, PS- Bhagwanpur, District- Vaishali. at present posted at Assistant Teacher Utter Middle School Baria Block Rajapakar
21. Dinesh Kumar Ram Son of Late Payare Ram Resident of Village and PO Lavapur Narayan, PS Mahua, District- Vaishali. at present posted at Assistant Teacher Utter Middle School Nayan Tola, Dighi Hajipur
22. Jaga Das Son of Late Ram Pratap Das Resident of Village Doulat Pur, P.S. Subhei, P.S.- Hajipur, District- Vaishali. at present posted at Assistant Teacher Middle School Nainha Hajipur, Vaishali
23. Md Moinul Haq Majhari Son of Md Majrual Haq Resident of Village and P.O.- Bihari, Bhodhouli, P.S.- Bhawanpur, District- Vaishali. at present posted at Assistant Teacher Primary School, Hulena Khurd Maktab Block Bhagwan Pur
24. Harendra Ram Son of Late Mukhlal Ram Resident of Village and P.O.- Hasanpur, PS- Bhadvas, P.S.- Mahua, District- Vaishali. at present posted at Assistant Teacher Government Primary Middle School Mohjamma, Block Mahua District- Vaishali
25. Umesh Prasad Son of Mehilal Das Resident of Village and P.O.- Bihaidipur, PS Jandaha, District- Vaishali, at present posted at Assistant Teacher Up graded Middle School Mansipur Sahpur Block Jendaha
26. Awadesh Kumar Son of Bubban Prasad Resident of Village- Karanpur, PS Ganga Birdge, District Vaishali. at present posted at Head Master Up graded Middle School Rahimpur Block Bideipur
27. Sirendra Kumar Sharma Son of Ram Khelawan Sharma Resident of Village and P.O.- Jaruh, PS Hajipur Nagar, District- Vaishali. at present posted at Assistant Teacher up graded Middle School Rahimpur Block Bidupur
28. Sukhdeo Kumar Nirala Son of Shiv Shankar Bhagat Resident of Village and P.S. and P.O.- Rajapakar, District- Vaishali. at present posted at Assistant Teacher Government Primary School, Thathan Buzurg Block Hajipur
29. Rakesh Kumar Choudhry Son of Ramnand Choudhary Resident of Village and P.O. Nayaganj, P.S.- Desari, District- Vaishali. at present posted at Head Master Middle School Gourigama
30. Ravi Shankar Son of Chandradeo Choudhry Resident of Village Surya Path Chandmari Road Patna, at present posted at Up Graded Middle School, Balwa Hajipur
31. Md Seraj Ahmad Son of Md Hasim Resident of Village Mufti Mohalla, P.S. Hajipur Town District- Vaishali. at present posted at Head Master Up Graded Middle School. Panapur Langa, Block Hajipur.
32. Md Mumtza Alam Son of Abdul Mohid Anaseri Resident of Village Jarhua Matwatwa, Akhara, P.S.- Hajipur Nagar District Vaishali. at present posted at Assistant Teacher Up Graded Middle School. Nayatola Dighi Block Hajipur
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33. Md. Kamruddin Son of Abdul Rahim Resident of Village Noongola P.S. Hajipur Town District Vaishali. at present posted at Assistant Teacher Up Graded Middle School. Nayatola Dighi Block Hajipur. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Education, Bihar, Patna
2. The Principal Secretary, Department of Education, Bihar, Patna
3. The Principal Secretary, Department of Finance, Government of Bihar, Patna
4. The Director, Primary Education, Government of Bihar, Patna
5. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur
6. The District Education Officer, Vaishali
7. The District Programme Officer (Establishment), Vaishali ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha For the Respondent/s :
Mr.Kameshwar Kumar(GP-17) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2019 The learned counsel for the petitioners submits that the issue involved in the present case is covered by a judgment of this Court dated 31.03.2011 passed in CWJC No. 6139 of 2007 (Ram Ashis Tiwari & Ors. vs. The State of Bihar & Ors.). Per contra, the learned counsel for the respondents submits that the respondent no. 7 i.e. the District Program Officer (Establishment), Vaishali shall examine the facts of the case and in case the case of the petitioners are squarely covered by the aforesaid judgment, similar benefit would be granted to the petitioners herein.
Accordingly, the petitioners are directed to file a representation before the respondent no. 7 within a period of
4/4 four weeks from today and the respondent no. 7 shall examine the case of the petitioners in light of the aforesaid judgment dated 31.03.2011 and pass appropriate orders within a period of eight weeks thereafter and in case it is found that the case of the petitioners are similar to the writ petitioners of the aforesaid case in which the judgment dated 31.03.2011 was passed by this Court i.e. in CWJC No. 6139 of 2007, similar relief would be granted to the petitioners herein.
The writ petition is disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) S.Sb/- U