Prem Shankar Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1532 of 2022 ====================================================== 1.

Prem Shankar Lal Son of Uma Shankar Lal, Resident of Mohalla - Andar Kila, Tekari, P.O. and P.S. - Tekari, District - Gaya, presently working as an Assistant Teacher in Nagarpalika Middle School, Tekari, Block - Tekari, District - Gaya.

Manoj Kumar, Son of Late Ramavatar Prasad, Resident of Mohalla - Bahelia Bigha, P.O. and P.S. - Tekari, District - Gaya, presently working as an Assistant Teacher in Middle School, Fatehpur Nepa, Block - Tekari, District - Gaya.

3.

Sumiran Sharma, Son of Late Lal Singh, Resident of Village and P.O. - Bara, P.S. - Tekari, District - Gaya, presently working as an Assistant Teacher in Middle School, Bhira Bigha, Block - Tekari, District - Gaya. 4.

Anil Kumar Pathak, Son of Late Shivdutt Pathak, Resident of Village - Dihuri, P.O. Bauri Beldari, P.S. Hulasganj, District - Jehanabad, presently working as an Assistant Teacher in Middle School, Gaharpur, Block - Tekari, District - Gaya.

5.

Anil Kumar, Son of Late Shyam Kishore Singh, Resident of Village and P.o. Bhimpur Majhiawan, P.S. - Konch, District - Gaya, presently working as an Assistant Teacher in Middle School, Panchmahla, Block - Tekari, District - Gaya.

6.

Kamlesh Kumar, Son of Late Raghunath Sharma, Resident of Mohalla - Vivekanand Colony, P.O. - Deodharpur, P.S. - Tekari, District - Gaya, presently working as an Assistant Teacher in Middle School, Sokaran, Block - Tekari, District - Gaya.

7.

Shree Niwas Sharma, Son of Late Hridyanandan Sharma, Resident of Village - Kathautiya, P.S. - Anti, Konch, District - Gaya, presently working as an Assistant Teacher in Town Middle School, Tekar, Block - Tekari, District - Gaya.

8.

Dhananjay Kumar Vidyarthi, Son of Late Kumar Sarangdhar Prasad Singh, Resident of Village and P.O. - Mok, P.S. - Konch, District - Gaya, presently working as an Assistant Teacher in Nagarpalika Middle School, Tekar, Block - Tekari, District - Gaya.

9.

Krishna Murari, Son of Sri Bishnudhari, Resident of Village and P.O. Shravanpur, District - Gaya, presently working as an Assistant Teacher in Middle School, Salempur, Block - Tekari, District - Gaya. 10.

Pratima Kumari, Daughter of Late Krishna Sinha, Resident of Village - Sherpura, Panch Devta, P.O. and P.S. Tekari, District - Gaya, presently working as an Assistant Teacher in Middle School, Durnah Bigha, Block - Tekari, District - Gaya.

11.

Devendra Kumar Dev, Son of Late Bhola Pandit, Resident of Village - Sindani, P.O. - Bathari, P.S. - Belaganj, District - Gaya, presently working as an Assistant Teacher in Middle School, Balua, Block - Belaganj, District - Gaya.

12.

Anwar Ali Khan, Son of Late Md. Rafik Khan, Resident of Mohalla - Aliganj, Road No. 1/A, P.O. - Gaya, P.S. - Chandauti, District - Gaya,

Patna High Court CWJC No.1532 of 2022(11) dt.27-01-2025 2/3 presently working as an Assistant Teacher in Middle School, Dihuri, Block - Town, District - Gaya.

13.

Sujit Kumar, Son of Late Arjun Prasad, Resident of Rama Bhawan, Ramna Road, Gaya, P.S. Civil Line Gaya, District - Gaya, presently working as Headmaster in Middle School, Koshila Patti, Block - Bodh Gaya, District - Gaya.

14.

Shakil Ahma, Son of Late Md. Shamsuddin, Resident of Village - Gowal Bigha, Near Muslim Hotel, P.S. - Rampur, District - Gaya, presently working as Headmaster in Middle School, Mora Mardana, Block - Bodh Gaya, District - Gaya.

15.

Rajesh Kumar, Son of Mathura Prasad, Resident of Mohalla - Nai Godown, Thakurbari, P.S. - Kotwali, District - Gaya, presently working as an Assistant Teacher in Aadarsh Middle School, Sadipur, Block - Manpur, District - Gaya.

16.

Akhilesh Kumar Pathak, Son of Late Madheshwar Pathak, Resident of Mohalla - Murli Hill Bairagi, P.O. - R.S. Gaya, P.S. - Kotwali, District - Gaya, presently working as an Assistant Teacher in Middle School, Chakand-2, Block - Town, District - Gaya.

17.

Dipendra Nath Upadhyay, Son of Late Hardeo Upadhyay, Resident of Mohalla - Piparpanti Budhani Gali, P.O. - R.S. Gaya, P.S. - Kotwali, District - Gaya, presently working as an Assistant Teacher in Middle School, Par Paraiya, Block - Paraiya, District - Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. The Principal Secretary, Finance Department, Government of Bihar, Patna. 3.

The Secretary, Expenditure, Finance Department, Government of Bihar, Patna.

4.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

5.

The Director, Primary Education, Education Department, Government of Bihar, Patna.

6.

The District Education Officer, Gaya, District - Gaya. 7.

The District Programme Officer (Establishment), Gaya, District - Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awnish Kumar, Advocate For the Respondent/s :

Mr. Jitendra Kr. Roy 1, SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-01-2025 Heard learned counsel for the parties.

Patna High Court CWJC No.1532 of 2022(11) dt.27-01-2025 3/3 Learned counsel for the petitioners submits that the petitioners' case stands on similar footing as that of C.W.J.C. No. 2783 of 2021 along with other analogous cases, which was disposed of on 23.09.2022. Hence, the petitioners are entitled for the same benefit as granted to petitioners of C.W.J.C. No.2783 of 2021.

3. In such view of the matter, this writ application is allowed on the similar terms and conditions as per the judgment dated 23.09.2022 passed in C.W.J.C. No. 2783 of 2021 and no recovery shall be made from the petitioners.

(Anjani Kumar Sharan, J) priyanka/- U