Ratan Lal Choudhary And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5629 of 2018 ======================================================
1. Md. Jabbar Ali, Son of Md. Shamsuddin, Resident of Village- Diliawn, Post Office- Diliawn, Police Station- Chouri, District- Bhojpur. At present posted and working as a Teacher in Govt. Upgraded Middle School Situhari, Block- Agion, District- Bhojpur.
2. Ratan Lal Choudhary, Son of Sri Bhagwan Choudhary, Resident of Village- Karman Tola, Post Office- Ara, Police Station- Ara Nawada, Upgraded Middle School Chanda, Block- Shahpur, District- Bhojpur.
3. Krishna Mohan, Son of Raghunanan Ram, Resident of Village + Post Office- Dhandiha, Police Station- Koilwar, District- Bhojpur. At present posted and working as a Teacher in Govt. Girls Middle School Sandesh, District- Bhojpur.
4. Jitendra Prasad Singh, Son of Late Tej Narayan Singh, Resident of Village + Post Office- Samahuta, Police Station- Kachwan, District- Rohtas. At present posted and working as a Teacher in Govt. Girls Primary School Udwantnagar, District- Bhojpur.
5. Dhirendra Kumar, Son of Kedar Nath Malakar, Resident of Village + Post Office- Chausa, Police Station- Buxar (M), District- Buxar. At present posted and working as a Teacher in Govt. Primary School Behra, Udwantnagar, District- Bhojpur.
6. Surendra Prasad Gupta, Son of Raj Ballabh Prasad, Resident of MohallaNew Colony Pakri, Post Office- Pakri, Ara Police Station- Nawada Ara, Upgraded Kanya Middle School Bhelain, Udwantnagar, District- Bhojpur.
7. Brij Kumar Ray, Son of Late Ramjee Ray, Resident of Village + Post Office- Guljarpur, Ara, Police Station- Sahar, District- Bhojpur. At present posted and working as a Teacher in Govt. Upgraded Middle School Salempur, Koilwar, District- Bhojpur.
8. Rajesh Kumar, Son of Shambu Ray, Resident of Village + Post OfficeAnaith, Police Station- Nawada Ara, District- Bhojpur. At present posted and working as a Teacher in Govt. Primary School Behra, District- Bhojpur.
9. Anil Kant, Son of Rawat Chandroday Prasad, Resident of MohallaBaritola, Ward No.- 1, Post Office- Jagdishpur, Police Station- Jagdishpur, Primary School Joga Kharaichan, Agiaon, District- Bhojpur.
10. Rakesh Prasad, Son of Late Ramayan Prasad, Resident of Village- Sadar Bazar, Jagdishpur, Post Office- Jagdishpur, Police Station- Jagdishpur, Primary School Akhouri Tola, Jagdishpur, District- Bhojpur.
11. Nandu Singh, Son of Late Dwarika Prasad Singh, Resident of VillageKaura Ke Mathiya, Post Office- Kaura, Police Station- Jagdishpur, DistrictMiddle School Angaruan, District- Bhojpur.
12. Birendra Kumar Singh, Son of Shri Nath Singh, Resident of Village + Post Office- Masuhri, Police Station- Jagdishpur, District- Bhojpur. At present posted and working as a Teacher in Govt. Primary School Bajwabar, Block- Jagdishpur, District- Bhojpur.
13. Mahtab Alam, Son of Md. Islam Ali Ansari, Resident of VillageJagdishpur, Post Office- Jagdishpur, Police Station- Jagdishpur, District-
2/7 Bhojpur. At present posted and working as a Teacher in Govt. Middle School No.1, Block- Jagdishpur, District- Bhojpur.
14. Vinay Kumar Singh, Son of Late Sitaram Singh, Resident of VillageKalyanpur Post Office- Kalyanpur, Police Station- Bihiya, DistrictBhojpur. At present posted and working as a Teacher in Govt. Urdu Primary School Pakari, Ara, District- Bhojpur.
15. Bhupendra Narayan Singh, Son of Late Sheo Narayan Singh, Resident of Village- Krishnangarh, Post Office- Krishnanagarh, Police StationKrishnanagarh, District- Bhojpur. At present posted and working as a Teacher in Govt. Middle School Manpur, District- Bhojpur.
16. Md. Nizammudin, Son of Abdul Rahman, Resident of Village- Ejari, Post Office- Salempur, Police Station- Ara (Muffasil), District- Bhojpur. At Jura Ara (Muffasil) South, District- Bhojpur.
17. Angad Kumar, Son of Ramrekha Thakur, Resident of Villagesarangpur, Post Office- Baraka Dumra, Police Station- Ara (Muffasil), Upgraded Middle School Baghakol (Girl) Ara (Muffasil) North, DistrictBhojpur.
18. Sanjay Kumar, Son of Ram Prayag Singh, Resident of MohallaBashisthapuri, Post Office- Chandwa, Police Station- Nawada (Ara), Upgraded Middle School Jogwaliya Ara (Muffasil) North, DistrictBhojpur.
19. Sarvanand Pandey, Son of Late Rameshwar Pandey, Resident of Village- Gharhatha, Post Office- Sheopur, Police Station- Piro, DistrictBhojpur. At present posted and working as a Teacher in Govt. Primary School Bhaluhipur, Ara, District- Bhojpur.
20. Ajit Kumar Pandey, Son of Late Jivanandan Pandey, Resident of Village- Babhangawan, Post Office- Babhangawan, Police StationBarahara, District- Bhojpur. At present posted and working as a Teacher in Govt. Middle School Dhudhuan Ara (Muffasil) North, District- Bhojpur.
21. Md. Rasid Ansari, Son of Abdul Matin Ansari, Resident of VillageJagdishpur, Post Office- Jagdishpur, Police Station- Jagdishpur, DistrictMiddle School Angaruan, Jagdishpur (West), District- Bhojpur.
22. Md. Shahid, Son of Abdul Matin Ansari, Resident of VillageJagdishpur, Post Office- Jagdishpur, Police Station- Jagdishpur, DistrictBhojpur. At present posted and working as a Teacher in Govt. Urdu Primary School Dulaur, District- Bhojpur.
23. Md. Aslam, Son of Abdul Rashid Ansari, Resident of VillageJagdishpur, Post Office- Jagdishpur, Police Station- Jagdishpur, DistrictMiddle School Khaptahan, Jagdishpur,, District- Bhojpur.
24. Amrendra Kumar, Son of Krishna Ray, Resident of Village- Morcha Jagdishpur, Post Office- Jagdishpur, Police Station- Jagdishpur, DistrictMiddle School Deochanda, Piro, District- Bhojpur.
25. Md. Badru Doja, Son of Late Md. Maniruddin, Resident of VillageKolodehri, Post Office- Kolodehri, Police Station- Chauri (Sahar), DistrictBhojpur. At present posted and working as a Teacher in Govt. Kanya Middle School Sahar, District- Bhojpur.
3/7
26. Rabindra Kumar Rai, Son of Radha Govind Rai, Resident of VillageJamuaon, Post Office- Jamuaon, Police Station- Piro, District- Bhojpur. At Doman Dihra, District- Bhojpur.
27. Chandra Bhushan Singh, Son of Late Ram Govind Singh, Resident of Village- Burhwal, Post Office- Jagdishpur, Police Station- Jagdishpur, Middle School Masarh Tola, District- Bhojpur.
28. Anil Kumar Singh, Son of Late Sheo Lakhan Singh, Resident of Village- Munshi Tola, Post Office- Dawan, Police Station- Jagdishpur, Upgraded Middle School Bihiya Gaon, District- Bhojpur.
29. Arbind Kumar Singh, Son of Nand Kumar Singh, Resident of VillageTenduni, Post Office- Tenduni, Police Station- Jagdishpur, DistrictMiddle School Bharasara (Mangit), District- Bhojpur.
30. Sheo Dayal Singh, Son of Late Ramashray Singh, Resident of VillageBihiyan Gaon, Post Office- Bihiya, Police Station- Bihiya, DistrictMiddle School Khadara, District- Bhojpur.
31. Hirdayanand Kumar, Son of Lachuman Sah, Resident of VillageGarizpur, Post Office- Sinha, Police Station- Krishnaghat, District- Bhojpur. At present posted and working as a Teacher in Govt. Upgraded Middle School Purainikaza, District- Bhojpur.
32. Amrendra Kumar Singh, Son of Late Dwarika Singh, Resident of Village- Bihiya Gaon, Post Office- Bairahi, Police Station- Bairahi, DistrictMiddle School Kateya, District- Bhojpur.
33. Arvind Kumar Giri, Son of Late Raghunathpur Giri, Resident of Mohalla- Anand Nagar, Post Office- Ara, Police Station- Ara Nagar, Primary School Basuari, District- Bhojpur.
34. Parmanand Rai, Son of Ramashray Roy, Resident of Village- Sawna, Post Office- Khuthan, Police Station- Imadpur, District- Bhojpur. At present posted and working as a Teacher in Govt. Middle School Belaur, DistrictBhojpur.
35. Sarbjeet Kumar Pandit, Son of Lakshman Pandit, Resident of VillageBihiya (Raja Bazar), Post Office- Bihiya, Police Station- Bihiya, DistrictMiddle School Majhauli (Bihiya), District- Bhojpur.
36. Akaram Ansari, Son of Md. Sadik Ansari, Resident of VillageBamhwar, Post Office- Banhawa, Police Station- Piro, District- Bhojpur. At Dumaraontola Jagdishpur (West), District- Bhojpur.
37. Hare Ram Ojha, Son of Biharijee Ojha, Resident of Village- Aphim Kothi Majhaua, Post Office- Ara, Police Station- Town Ara, DistrictMiddle School Ramdihara, Block- Shahpur, District- Bhojpur.
38. Md. Qyamuddin, Son of Md. Shahabuddin, Resident of Village- Milki Anaith, Post Office- Anaith, Police Station- Nawada, District- Bhojpur. At present posted and working as a Teacher in Govt. Urdu Primary School Sona Pakri, Arrah Nagar, District- Bhojpur.
4/7
39. Birendra Singh, Son of Late Deomuni Singh, Resident of Mohalla- M.P. Singh, Ara, Post Office- Ara Kachahri, Police Station- Ara Nagar, DistrictMiddle School Kolidihara, Block- Sahar, District- Bhojpur.
40. Shambhu Kumar, Son of Bameshwar Sharma, Resident of VillageBambhai, Post Office- Bambhai, Police Station- Karpi, District- Arwal. At Bahari Garhani, District- Bhojpur.
41. Virendra Kumar Singh, Son of Akhileshwar Prasad Singh, Resident of Village- Anaith, Post Office- Anaith (Ara), Police Station- Nawada Ara, Upgraded Middle School Baligawn, Garhani, District- Bhojpur.
42. Manoj Kumar, Son of Dudheshwar Nath Roy, Resident of VillageJagdeo Nagar Ara, Post Office- Anaith (Ara), Police Station- Nawada Ara, Middle School Dhanchhuan, Block- Sahar, District- Bhojpur.
43. Bhola Prasad, Son of Raghubar Prasad, Resident of Village- Chaurain, Post Office- Bhelain, Police Station- Udwant Nagar, District- Bhojpur. At present posted and working as a Teacher in Govt. Middle School Sohara, Block- Barhara, District- Bhojpur.
44. Bijendra Sharma, Son of Shivnandan Sharma, Resident of VillageLodipur, Post Office- Khangawn, Police Station- Chandi, District- Bhojpur. At present posted and working as a Teacher in Govt. Middle School Jalpur Tola, District- Bhojpur.
45. Umakant Prasadm Son of Late Jagdish Prasad, Resident of VillageJagdishpur, Post Office- Jagdishpur, Police Station- Jagdishpur, DistrictMiddle School Madhauli, District- Bhojpur.
46. Vijay Kumar Pathak, Son of Late Deo Kumar Pathak, Resident of Village- Araila, Post Office- Manudihari, Police Station- Tiyar, DistrictMiddle School Shivpurganj, District- Bhojpur.
47. Vinay Kumar Singh, Son of Ramadhar Singh, Resident of VillageDalilganj, Post Office- Rampur Pandura, Police Station- Sandesh, DistrictBhojpur. At present posted and working as a Teacher in Govt. Middle School Chowri, Block- Sahar, District- Bhojpur.
48. Haribhadra Sharma, Son of Dr. Nishanand Sharma, Resident of VillageRaja Bazar, Bihiya, Post Office- Bihiya, Police Station- Bihiya, DistrictMiddle School Kharaon Kalan, Block- Sahar, District- Bhojpur.
49. Md. Naseem Javed Siddiqui, Son of Md. Javed Hussain, Resident of Village- Brahbatra, Post Office- Ara Chowk, Police Station- Ara Nagar, Urdu Primary School Gheghta, Ara (Muffasil) North, District- Bhojpur.
50. Amrendra Kumar Sinha, Son of Late Kameshwar Prasad, Resident of Village- Barnoan, Post Office- Barnoan, Police Station- Ayar, DistrictBhojpur. At present posted and working as a Teacher in Govt. Primary School Shivpur, Arrah Nagar, District- Bhojpur.
51. Satyendra Kumar Sinha, Son of Late Nathuni Prasad Sinha, Resident of Mohalla- Block Colony Road, Raja Bazar, Bihiya, Post Office- Bihiya, Police Station- Bihiya, District- Bhojpur. At present posted and working as a Teacher in Govt. Upgraded Middle School Mishrichak, Block- Sahar,
5/7 District- Bhojpur.
52. Suresh Kumar Singh, Son of Ramnagad Singh Yadav, Resident of Mohalla- Lagantola, Post Office- Banahi, Police Station- Shahpur, DistrictBhojpur. At present posted and working as a Teacher in Govt. Middle School Baruhin, Block- Sahar, District- Bhojpur.
53. Anil Kumar Singh, Son of Jagnarain Prasad, Resident of VillageSheoganj, Post Office- Ara, Police Station- Nagar, District- Bhojpur. At present posted and working as a Teacher in Govt. Primary School Majhauwan, Ara, District- Bhojpur.
54. Dharmendra Kumar, Son of Brajnandan Sinha, Resident of MohallaGautam Nagar Janta Road, Post Office- G.P.O., Patna, Police StationGardanibagh, District- Patna. At present posted and working as a Teacher in Govt. Hindi Kanya Primary School Koilwar, District- Bhojpur.
55. Santosh Kumar, Son of Kailash Bihari Singh, Resident of VillageDeokuli, Post Office- Musepur (Bihta, Police Station- Bihta, District- Patna. At present posted and working as a Teacher in Govt. Upgraded Middle School (Boys) Koilwar, District- Bhojpur.
56. Badan Prasad, Son of Chandradip Prasad, Resident of Village- Anand Nagar, Post Office- Shivganj, Police Station- Town Ara, District- Bhojpur. At present posted and working as a Teacher in Govt. Hindi Kanya Primary School Koilwar, District- Bhojpur.
57. Sujit Kumar, Son of Vidya Sagar, Resident of Mohalla- Naya Bazar Srirampur , Post Office- Bihta, Police Station- Bihta, District- Patna. At present posted and working as a Teacher in Govt. Hindi Kanya Primary School Koilwar, District- Bhojpur.
58. Bhupendra Kumar, Son of Janki Singh, Resident of Village- Chandi, Post Office- Amoura, Police Station- Gorari, District- Rohtas. At present posted and working as a Teacher in Govt. Middle School Mahammadpur, Koilwar, District- Bhojpur.
59. Md. Shakeel Akhtar Azad, Son of Md. Khalil Azad, Resident of Mohalla- Surodha Colony, Post Office- Koilwar, Police Station- Koilwar, Middle School Daulatpur, District- Bhojpur.
60. Sharda Sharan Pandey, Son of Late Badri Sharan Pandey, Resident of Village- Kulhariya, Post Office- Kulhariya, Police Station- Koilwar, Middle School (Boys) Koilwar, District- Bhojpur.
61. Manish Singh, Son of Late Sant Bilash Singh, Resident of VillageJahanpur, Post Office- Jogata, Police Station- Chandi, District- Bhojpur. At Rampur Koilwar, District- Bhojpur.
62. Sharbindu Bhushan Tirpathi, Son of Rajeshwar Tripathi, Resident of Village- Kayamnagar, Post Office- Kayamnagar, Police Station- Koilwar, Middle School Sakaddi, District- Bhojpur.
63. Shiw Gopal Thakur, Son of Late Ramekbal Thakur, Resident of VillageMangrawan, Post Office- Mangrawan, Police Station- Nasriganj, DistrictRohtas. At present posted and working as a Teacher in Govt. Upgraded Middle School Mokhalisa, District- Bhojpur.
64. Rajesh Kumar Singh, Son of Ramdas Singh, Resident of Village- Lal Bihar Singh Tola, Jagdishpur, Post Office- Bulipur, Police StationJagdishpur, District- Bhojpur. At present posted and working as a Teacher
6/7 in Govt. Upgraded Middle School Ratan Dhih, Sheshatola, Jagdishpur, District- Bhojpur.
65. Vijay kumar Gupta, Son of Gorakh Nath Prasad, Resident of VillageTari, Post Office- Ara, Police Station- Ara, District- Bhojpur. At present posted and working as a Teacher in Govt. Upgraded Middle School Srinagar Garahani, District- Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Government of Bihar, Patna.
3. The Principal Secretary, Finance Department, Government of Bihar, Patna.
4. The Director, Primary Education, Education Department, Bihar, Patna.
5. The District Magistrate, Bhojpur (Ara).
6. The District Education Officer, Bhojpur (Ara).
7. The District Programme Officer (Establishment), Bhojpur (Ara).
8. The Block Education Officer, Bhojpur, District- Bhojpur.
9. The Block Education Officer, Jagdishpur, District- Bhojpur.
10. The Block Education Officer, Sandesh, District- Bhojpur.
11. The Block Education Officer, Piro, District- Bhojpur.
12. The Block Education Officer, Tarari, District- Bhojpur.
13. The Block Education Officer, Agiaon, District- Bhojpur.
14. The Block Education Officer, Charpokhari, District- Bhojpur.
15. The District Accounts Officer, Bhojpur (Ara).
16. The District Treasury Officer, Bhojpur (Ara). .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra For the Respondent/s : Mr. Madhaw Prasad Yadav -Gp23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-04-2018 Heard learned counsel for the petitioners and counsel for the State.
Mr. Umesh Kumar Mishra, learned counsel for the petitioners submits that the case of the petitioners is fully covered by Annexure-5, i.e., order dated 31.03.2011 in C.W.J.C. No.6139 of 2007 and Annexure-10, the order passed by the L.P.A. Bench in
7/7 L.P.A. NO.756 of 2015 dated 16.08.2017 and Annexure-11 order dt.01.11.2017 passed in C.W.J.C. No.14670 of 2014. In view of the above, the writ application is disposed of with a direction to the District Programme Officer (Establishment), Bhojpur at Ara to examine the case of the petitioners in the light of the decision of this Court as indicated hereinabove within a maximum period of 60 days from the date of receipt / production of a copy of this order and extend the same benefit to the petitioners, if it is found covered by the decision in L.P.A. in view of the litigation policy of the State Government. (Anil Kumar Upadhyay, J) Sanjeev/- U T