Shyam Sunder Sah And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12579 of 2017 ====================================================== 1.

Shyam Sunder Sah Son of Ramdeyal Sah, Resident of Village-Rampur Khorum, P.S.-Marhowra, District-Saran 2.

Md. Jainuddin Son of Abdul Hafiz, Resident of Village-Sankar Das Ke Mathiya, P.O.-Paigumbarpur, P.S.-Baniapur, District-Saran 3.

Abdul Rahman, Son of Abdul Hafiz, Resident of Village and P.O.-Mirzapur P.S.-Marhowra, District-Saran 4.

Mumtazul Haque, Son of Md. Zakir, Resident of Village-Jalalpur P.O.- Mubarakpur, P.S.-Marhowra, District-Saran 5.

Ramlochan Singh, Son of Rambilash Singh, Resident of Village-Hathisar, P.O.-Goura, P.S.-Marhowra, District-Saran ... ... Petitioners

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar. 2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Primary Education, Govt. of Bihar, Patna. 4.

The District Magistrate, Saran 5.

The District Education Officer, Saran.

6.

The District Programe Officer, Establishment, Saran ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr.Md. Anis Akhtar, Advocate For the Respondents :

Mr.Madhaw Prasad Yadav -GP23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 13-02-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the respondents.

Learned counsel for the petitioners submits that similarly circumstanced persons have been extended the benefits from the initial date of their appointment whereas the case of the

Patna High Court CWJC No.12579 of 2017 dt.13-02-2020 2/2 practitioners has been considered by adopting different yardstick.

Without going into the merits of the case, the writ application is disposed of with liberty to the petitioners to approach the competent authority for taking appropriate decision on the claim of the petitioners that similarly circumstanced persons have been extended the benefits from the date of their initial appointment. Such a decision shall be taken by the authority in accordance with law at the earliest within a period of four months from the date of receipt/production of a copy of this order (Anil Kumar Upadhyay, J) BT/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 15.02.2020 Transmission Date N.A.