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Patna High CourtCWJC/2160/2019allowed

Chaudhari Anil Kumar Singh And ORS v. The State Of Bihar And ORS

2023-12-04Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2160 of 2019 ====================================================== 1.

Chaudhari Anil Kumar Singh and Ors Son of Ram Subhag Singh, Resident of Village- Karaunda, Post- Nauhatta, Police Station- Belaon, DistrictKaimur at Bhabua. 2.

Uday Pratap Singh, Son of Shiv Bachchan Singh, resident of VillageRampur, Post- Darauli, Police Station- Bhabua, District- Kaimur at Bhabua. 3.

Ramdahin Ram, Son of Late Ram Snehi Ram, Resident of Village- Silri, Post- Darauli, Police Station- Bhabua, District- Kaimur at Bhabua. 4.

Gorakh Prasad, Son of Raghunath Prasad Prajapati, Resident of VillageBargaon Kala, Post- Adhaura, Police Station- Adhaura, District- Kaimur at Bhabua.

5.

Shila Kumari, Wife of Bhagwan Das, Resident of Village- Kolhuan, PostKolhuan, Police Station- Adhaura, District- Kaimur at Bhabua. 6.

Acchaiwarnath Singh, Son of Jaga Singh, Resident of Village- Tala, PostKolhuan, Police Station- Adhaura, District- Kaimur at Bhabua. 7.

Anima Kumari, Wife of Sunil Kumar Singh, resident of Village- Kawar, Post- Kurasan, Police Station- Bhabua, District- Kaimur at Bhabua. 8.

Satyendra Kumar Prajapati, Son of Shankar Kumar Prajapati, Resident of Village- Baheri, Post- Akhlaspur, Police Station- Bhabua, District- Kaimur at Bhabua.

9.

Punam Devi, Wife of Bhanu Pratap Singh, Resident of Village- Sondihar, Post- Muthani, Police Station- Bhabua, District- Kaimur at Bhabua. 10.

Indu Devi, Wife of Bijay Bind, Resident of Village- Mohan Jathawa, PostMohan Jathawa, Police Station- Bhabua, District- Kaimur at Bhabua. 11.

Kamla Devi, Wife of Late Surendra Prasad, Resident of Village- Betari, Post- Betari, Police Station- Bhabua, District- Kaimur at Bhabua. 12.

Dharmlata Kushwaha, Wife of Bhanu Pratap Singh, Resident of VillageAmathi, Post- Saitha, Police Station- Sonhan, District- Kaimur at Bhabua. 13.

Ranjeet Kumar, Son of Hira Ram, Resident of Village- Kaithi, Post- Kaithi, Police Station- Sonhan, District- Kaimur at Bhabua. 14.

Sanju Kumari, Wife of Alok Priya, Resident of Village- Khanethi, PostKhanethi, Police Station- Sonhan, District- Kaimur at Bhabua. 15.

Ruchi Kuamri, Wife of Rajesh Kumar, Resident of Village- Sikthi, PostAkhlaspur, Police Station- Bhabua, District- Kaimur at Bhabua. 16.

Saroja Devi, Wife of Munna Prasad resident of Village- Jamuawan (Parpatipur), Post- Kurasan, Police Station- Bhabua, District- Kaimur at Bhabua.

17.

Tejbansh Singh, Son of Aklu Singh, Resident of Village- Akhlaspur, PostAkhlaspur, Police Station- Bhabua, District- Kaimur at Bhabhua. 18.

Gunja Kumari, Wife of Shrawan Kumar, Resident of Village- Akhlaspur, Post- Akhlaspur, Police Station- Bhabua, District- Kaimur at Bhabua. 19.

Anita Kumari, Wife of Upendra Kumar Singh, Resident of Village- Kurasan, Post- Kurasan, Police Station- Bhabua, District- Kaimur at Bhabua. 20.

Gita Devi Wife of Sunil Kumar, Resident of Village- Mithapur, PostDarauli, Police Station- Bhabua, District- Kaimur at Bhabua. 21.

Sarita Devi, Wife of Hanuman Ram, Resident of Village- Rampur, Post-

2/4 Ruppur, Police Station- Bhabua, District- Kaimur at Bhabua. 22.

Kushum Kumari, Wife of Punne Kumar, Resident of Village- Kamta PostAkhlaspur, Police Station- Bhabua, District- Kaimur at Bhabua. 23.

Chandrama Ram, Son of Jag Narayan Paswan Resident of Village- Thiloi, Post- Dhawpokhar, Police station- Sawar Karamchat, District- Kaimur at Bhabua.

24.

Nilu Devi, Wife of Nand Kishore Sah Resident of Village- Thiloi, PostDhawpokhar, Police Station- Sawar Karamchat, District- Kaimur at Bhabua. 25.

Sabita Devi, Wife of Sitaram Singh Chero, Resident of Village- Ibrahimpur, Post Bhitriban, Police Station- Sawar Karamchat, District- Kaimur at Bhabua.

26.

Nirmala Devi, Wife of Haridwar Singh, Resident of Village- Sohsa, Police Station Belaon, District- Kaimur at Bhabua.

27.

Sita Devi, Wife of Jitendra Singh, resident of Village- Amawan (Brawan), Post- Amawan (Brawan), Police Station- Sawar Karamchat, District- Kaimur at Bhabua.

28.

Amar Nath Singh Yadav, Son of Ram Janam Resident of VillalgeGamhariya, Post- Kolhua, Police Station- Adhaura, District- Kaimur at Bhabua.

29.

Asha Devi, Wife of Sunil Kumar Prajapati, Resident of Village- Nauhatta, Post- Nauhatta, Police Station- Belaon, District- Kaimur at Bhabua. 30.

Kameshwar Singh, Son of Late Banshropan Singh, Resident of VillageHundari, Post- Nauhatta, Police Station- Belaon, District- Kaimur at Bhabua.

31.

Sandhaya Devi, Wife of Arun Kumar Paswan Resident of Village- Patna, Police Station Belaon, District- Kaimur at Bhabua. 32.

Ramawati Devi, Wife of Dinesh Ram, Resident of Village- Taraw, PostKharenda, Police Station- Belaon, District- Kaimur at Bhabua. 33.

Nargish Khatoon, Wife of Almuddin Ansari. Resident of Village- Amaw, Post Amaw, Police Station Sawar, District- Kaimur at Bhabua. 34.

Manoj Ram, Son of Babulal Ram, Resident of Village- Manhar, Post Bradhi, Police Station- Bhabua, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors Bihar.

2.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3.

Additional Secretary, General Administration Department, Government of Bihar, Patna.

4.

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

5.

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

6.

The Joint Director, Mass Education, Education Department, Government of

3/4 Bihar, Patna.

7.

The Director (Administration), Education Department, Government of Bihar, Patna.

8.

The Deputy Director (Administration), Education Department, Government of Bihar, Patna.

9.

The District Education Officer, Kaimur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyam Bihari Singh For the Respondent/s :

Mr. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2023

1. Learned counsel for the petitioners submits that the present case is squarely covered by a judgment dated 04.07.2019, rendered by a co-ordinate Bench of this Court, in C.W.J.C. no. 12530 of 2019, paragraphs no. 10 and 11, are the relevant paragraphs, which are reproduced hereinbelow :- " 10. All that this Court can direct is that in case such a scheme is reintroduced by extending its term or launching another scheme of similar nature, the State Government in its Education Department shall consider the candidature of the petitioners because of the experience that they have gained in imparting adult education and removing the illiteracy from the State of Bihar. In that event, it would be open for the petitioners to appear before the concerned authorities and request them to give the petitioners weightage for their

4/4 experience that they have gained and perhaps relaxation of the age requirement if fixed under the scheme.

11. However for the period that the petitioners have worked during the subsistence of the scheme, they are required to paid for the same. Since some of the petitioners have not been paid their honorarium from September 2016, this Court Patna High Court CWJC No.3879 of 2019(3) dt.03-11-2023 4/4 directs such petitioners who have not been paid their honorarium to make a representation before the Director, Mass Education, Education Department, Government of Bihar, Patna (respondent no. 5), who would ensure prompt payment of the honorarium for the period that the petitioners have worked."

2. Learned counsel for the State does not dispute the statement made by learned counsel for the petitioner.

3. Accordingly, the present writ application stands disposed off, in terms of paragraphs no. 10 and 11 of judgment dated 04.07.2019, passed in C.W.J.C. no. 12530 of 2019. (Anil Kumar Sinha, J) HarshPandey/- U