← Library
Patna High CourtCWJC/9861/2017disposed

Niraj Kumar And ORS v. The State Of Bihar And ORS

2017-12-21Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9861 of 2017 ===========================================================

1. Niraj Kumar, Son of Shri Bashistha Narayan Prasad, Resident of Village - Lohgagar, Post Office- Chitanpur, Police Station- Asawan, District- Siwan. At present posted and working ad Panchayat Teacher in Govt. New Primary School Pathkhauli, Block- Mairwa, District- Siwan.

2. Kumkum Pandey, Daughter of Sri Kedar Nath Pandey, Wife of Shri Abhay Kumar Diwedi, Resident of Village + Post + Police Station- Guthani, DistrictSiwan, At present posted and Working as Panchayat Teacher in Govt. New Primary School, Ropanhata, Block- Mairwa, District- Siwan.

3. Pradeep Kumar Singh, Son of Late Budhiram Singh, Resident of Village Post - Kanhauli, Police Station- Darauli, District- Siwan, At present posted and Working as Panchayat Teacher in Govt. New Primary School, Ropanhata, Block- Mairwa, District- Siwan.

4. Punam Kumari, Daughter of Shri Rameshwar Prasad, Resident of VillageMairwadham, Post Office- Anugrah Narayan Mairwa, Police Station- Mairwa, District- Siwan, At present posted and working as Panchayat Teacher in Govt. New Primary School, Patkhauli, Block- Mairwa, District- Siwan.

5. Kajal Devi, Daughter of Late Gorakh Ram, Wife of Shri Vidya Sagar Prasad, Resident of Village- Ram Nagar, Post Office- Balahu, Police Station- Darauli, District- Siwan, At present posted and Working as Panchayat Teacher in Govt. Primary School (Schedule Caste Tola), Kabirpur, Block- Mairwa, DistrictSiwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The District Magistrate, Siwan.

4. The District Education Officer, Siwan.

5. The District Programme Officer (Establishment), Siwan.

6. The Block Development Officer, Mairwa, District- Siwan.

7. The Block Education Officer, Mairwa, District- Siwan.

8. The Mukhiya-cum- the Chairman of Panchayat Teacher Selection Committee, Gram Panchayat Raj Kabirpur, Block- Mairwa, District - Siwan.

9. The Panchayat Secretary-cum-Member Secretary of Panchayat Teacher Selection Committee, Gram Panchayat Raj Kabirpur, Block- Mairwa, DistrictSiwan.

10. The Drawing Disbursing- cum-Headmaster of New Primary School, Ropanhata, Block- Mairwa, District - Siwan.

11. The Drawing Disbursing- cum-Headmaster of New Primary School, Pathkhauli, Block- Mairwa, District - Siwan.

12. The Drawing Disbursing- cum-Headmaster of Govt. Primary School (Schedule Caste Tola) Kabirpur, Block- Mairwa, District - Siwan. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate For the Respondent/s : Mr. A.R. PANDEY- AAG15 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

Patna High Court CWJC No.9861 of 2017 dt.21-12-2017 2/3 ORAL JUDGMENT Date: 21-12-2017 Heard learned counsel for the petitioners and the counsel for the State.

Mr. Umesh Kumar Mishra, counsel for the petitioners submits that the case of the petitioners' is covered by the judgment of this Court contained in Annexures-6 and 7 to this application. In view of the fact that the Co-ordinate Bench of this Court has already decided the issue vide order dated 03.03.2017 passed in C.W.J.C. No. 12350 of 2016 and order dated 11.05.2017 passed in C.W.J.C. No. 417 of 2015 and order dated 04.12.2017 passed in C.W.J.C. No.17657 of 2017, the writ application is also disposed of with a direction to the respondent District Programme Officer (Establishment), Siwan, who shall examine the case of the petitioners and if the case of the petitioners is found similar to that of petitioners in C.W.J.C. No. 12350 of 2016, C.W.J.C. No. 417 of 2015 and C.W.J.C. No.

17657 of 2017, similar benefits should be extended to these petitioners also. Such decision must be taken within a period of 60 days from the date of receipt/production of a copy of this order. In the event, the respondent does not find the case of the petitioners similar to other petitioners of other writ applications, the respondent is required to assign the specific reason for refusing such benefits to these petitioners.

Patna High Court CWJC No.9861 of 2017 dt.21-12-2017 3/3 With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 2.1.2018 Transmission Date NA