Pawan Kumar Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1599 of 2024 ====================================================== 1.
Pawan Kumar Pathak Son of Sukh Dev Pathak Resident of Village and P.O.- Chandauli, P.S.-Ujiyarpur, District-Samstipur. 2.
Mritunjay Prasad Singh Mantun Son of Brajraj Singh Resident of Village and P.O.-Bhagwanpur Kamla, P.S.-Ujiarpur, District-Samastipur. 3.
Shiv Sharan Prasad Singh Son of Ram Deo Prasad Singh Resident of Village and P.O.-Bhagwanpur Kamla, P.S.-Ujiarpur, District-Samastipur. 4.
Rajendra Prasad Son of Anand Mahto Resident of Village and P.O.- Bhagwanpur Kamla, P.S.-Ujiarpur, District-Samastipur. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Principal Secretary, Human Resources Development Department Government of Bihar, Vikash Bhawan, Patna.
3.
The Additional Secretary, Human Resources Development Department Government of Bihar, Vikash Bhawan, Patna.
4.
The Special Director, Department of Education, Government of Bihar, Vikash Bhawan, Patna.
5.
The Bihar Sanskrit Shiksha Board, Bihar, Patna through its Secretary. 6.
The Chairnman, Bihar Sanskrit Shiksha Board, Bihar, Patna. 7.
The Secreary, the Bihar Sanskrit Shiksha Board, Bihar, Patna. 8.
The Distirct Education Officer, Samastipur, District-Samastipur. 9.
The District Programme Officer Buxar, District-Samastipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suresh Kumar Ishwar For the Respondent/s :
Mr. Government Pleader 03 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-03-2024 Heard learned counsel for the parties.
2. Learned counsel for the petitioners submits that the issued raised in the present writ application is squarely covered by the decision of this Court in C.W.J.C. No.985 of 2015 dated 27.03.2019.
3. These petitioners have also been deprived of the
Patna High Court CWJC No.1599 of 2024(2) dt.22-03-2024 2/2 benefits to which they were entitled by the impugned resolution dated 31st of August, 2013 which had already been quashed to the extent as indicated in the judgment dated 27.03.2019 passed in C.W.J.C. No.985 of 2015 by a Division Bench of this Court. Therefore, the petitioners are also entitled to the same benefits on the same terms.
4. In that view of the matter, this writ petition is disposed of with a direction to the petitioners to file a fresh representation before the respondent no.9 along with a copy of this order and the judgment dated 27.03.2019 passed in C.W.J.C. No.985 of 2015 and the respondent no.9 are well advised to consider the case of the petitioners and grant the same benefits including the arrears within a period of three months from the date of filing of such representation.
5. It goes without saying that respondent no.9 shall be responsible for non-compliance of this order within the stipulated period.
6. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioners.
(Anjani Kumar Sharan, J) Trivedi/- U