Soni Nanda And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22222 of 2018 ====================================================== 1.
Soni Nanda W/o Sri Kamlendu Kumar, Resident of House No.- 81, Rampur Road, Near Panchbhog Sweets, Bazar Samiti Main Gate, P.S.- Sultanganj, District- Patna.
2.
Santoswh Kumar, S/o Sri Devlal Paswan, Resident of Village- Mahamda, P.S.- Gaurichak, District- Patna.
3.
Vijay Kumar Chaudhary, S/o Sri Raj Nandan Chaudhary, Resident of L.I.G.- 15/515, Hanuman Nagar, Kankarbagh, P.S.- Bahadurpur, District- Patna. 4.
Rekha Kumari, W/o Sri Kamakhya Narayan Singh, Resident of E- 33, Road No.- 4, P.C. Colony, Near Old Water Tanki, Kankarbag Lohiya Nagar, P.S. Kankarbagh, District- Patna.
5.
Srawan Styarthi, S/o Sri Shiv Pujan Ram, Resident of Ward No.- 2, Fatehpur, P.S.- Gaurichak, District- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Director Primary Education, Department of Human Resource Development, Govt. of Bihar, New Secr 3.
The Regional Deputy Education Director, Patna Division, Patna. 4.
The District Education Officer, Patna.
5.
The District Programme Officer Establishment Patna, District- Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Pratap Singh For the Respondent/s :
Mr.Madhaw Pd. Yadaw, GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-04-2019 Heard the learned counsel for the parties.
The present writ petition has been filed for issuing a direction to the respondents to grant senior pay-scale/time bound promotion/A.C.P. to the petitioners on completion of 12 years of service.
The learned counsel for the petitioners submits that the issue raised in the present writ petition is no more res integra. A coordinate Bench of this Court had already decided the issue vide order dated 31.03.2011 passed in CWJC No.
Patna High Court CWJC No.22222 of 2018(2) dt.18-04-2019 2/2 6139 of 2007 (Ram Ashis Tiwary & others vs. The State of Bihar & others), and the order of the Writ Court was affirmed in L.P.A. No. 756 of 2015 on 16.08.2017.
Having regard to the submissions made by the learned counsel for the parties, the present writ petition is disposed off with a direction to the respondents to examine the case of the petitioners in light of the decision of the Writ Court in C.W.J.C. No. 6139 of 2007 dated 31.03.2011 as affirmed in L.P.A. No. 756 of 2015 dated 16.08.2017 and the final decision in this regard must be taken by the respondent no. 5 within a period of two months from the date of receipt/production of a copy of this order and all consequential benefits including the monetary benefits should be extended to the petitioners within a period of one month thereafter, in case the case of the petitioners is found to be covered by the aforesaid judgment dated 31.03.2011 in the case of Ram Ashis Tiwary & Ors. (supra).
The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) S.Sb/- U