Patna High CourtCWJC/1694/2019disposed

Kamal Kumar Pandey And ANR v. The State Of Bihar And ORS

2019-01-31Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1694 of 2019 ======================================================

1. Kamal Kumar Pandey, Male aged about 46 son of Dudh Nath Pandey, Resident of Village Janardan Pur P.S.-Durgawati District-Kaimur Posted at U.M.S. Etarhi, Block-Durgawati District-Kaimur

2. Jay Shankar Prasad, Male Son of Late Bhola Prasad Resident of Ward No 1 Hanuman Nagar, P.S.- Bhabhua District- Kaimur posted at U.M.School Paramalpur, Bhagwanpur, District- Kaimur ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Department of Education, Government of Bihar, Patna.

2. The Principal Secretary, Department of Education, Government of 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 Patna.

6. The District Education Officer Kaimur

7. The District Program Officer(Establishment), Kaimur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arabind Nath Pandey For the Respondent/s :

Mr.Madanjeet Kumar (GP-20) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2019 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), Kaimur 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

Patna High Court CWJC No.1694 of 2019(2) dt.31-01-2019 2/2 the petitioners herein.

Accordingly, the petitioners are directed to file a representation before the respondent no. 7 within a period of 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