Krishna Kumar Das, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3326 of 2020 ====================================================== 1.

Krishna Kumar Das, Son of Jay Narayan Lal Das, Resident of VillageBeldara, P.O.-Lalpur, District-Supaul, at present D.E.O. Office, Madhepura, District-Madhepura.

2.

Pawan Kumar Mehta, Son of Ambika Prasad Mehta, Resident of VillageLaxmipur, Madhepura, District-Madhepura, at present D.E.O. Office, Madhepura, District-Madhepura.

3.

Ramesh Kumar Mishra, Son of Raghunandan Mishra, Residing North of Paswan Tola, Ward No. 03, Naya Bazar, District-Saharsa, at present D.E.O. Office, Madhepura, District-Madhepura.

4.

Shiv Dani Rai, Son of Late Maheshar Rai, Resident of Village-Dourma, Bihara, District-Saharsa, at present D.E.O. Office, Madhepura, DistrictMadhepura. 5.

Shyam Bharos, Son of Upendra Prasad Yadav, Resident of VillageDhansoha, Sour Bazar, District-Saharsa, at present D.E.O. Office, Madhepura, District-Madhepura.

6.

Manoj Kumar, Son of Late Bachneshwar Kumar, Resident of Village-Chikni Fulkaha, District-Madhepura, at present D.E.O. Office, Madhepura, DistrictMadhepura. 7.

Sanjay Kumar, Son of Sifat Lal Yadav, Resident of Village-Bhawanipur, P.O. Ajgaiwa, District-Saharsa, at present D.E.O. Office, Madhepura, DistrictMadhepura. 8.

Sourav Kumar, Son of Laet Raten Prasad Choudhary, Resident of VillageSahuriya West, P.S.-Sour Bazar, District-Saharsa, at present D.E.O. Office, Saharsa, District-Saharsa.

9.

Prabhat Kumar, son of Rajendra Prasad Yadav, Resident of VillageMankhahi, District-Saharsa, at present D.E.O. Office, Saharsa, DistrictSaharsa. 10.

Abhisekh Bharti, Son of Niranjan Prasad Yadav, Resident of VillageBatraha, Ward No. 26, District-Saharsa, at present D.E.O. Office, Madhepura, District-Madhepura.

11.

Kumari Mamta, D/o Late Udyanand Lal Das, Resident of Village-Maina, P.S.-Sonvarsa, District-Saharsa, at present Zila Girl School Saharsa, DistrictSaharsa. 12.

Jitendra Kumar Arya, Son of Late Narayan Arya, Resident of Village-Mir Tola, P.s. and District-Saharsa, at present D.E.O. Office, Madhepura, District-Madhepura.

13.

Vivek Kumar, son of Late Satyendra Kumar, Resident of Village-Dinapatti, Parariya, District-Madhepura, at present D.E.O. Office, Madhepura, DistrictMadhepura. 14.

Kumari Punam, Wife of Late Manoj Kumar, Resident of Village-Kumar Tola, Gangjala, P.S. and District-Saharsa, at present Teachers Training College, Saharsa, District Saharsa.

15.

Prabhat Kumar, S/o Bipin Kumar Verma, Sant Nagar, Ward No. 35,

Patna High Court CWJC No.3326 of 2020(2) dt.24-02-2020 2/3 Gangjala, Saharsa, P.S. and District-Saharsa. 16.

Santosh Kumar, S/o Jai Prakash Yadav, Vill-Bhagatwatpur, P.S. Ghoghanpatti, P.S.-Sourbajar, District-Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Additional Chief Secretary, Finance Department, Govt. of Bihar, Patna. 4.

The Director Secondary Education, Govt. of Bihar, Patna. 5.

The Regional Deputy Director of Education, Saharsa, District-Saharsa. 6.

The District Education Officer, Saharsa, District-Saharsa. 7.

The District Education Officer, Madhepura, District-Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Respondent/s :

Mr.Kameshwar Kumar (Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-02-2020 Heard learned counsel for the petitioners and the respondents.

The issue raised in the present writ application is no more res integra, as similar issue was considered by the Division Bench of this Court vide oral judgment dated 23.06.2017 in L.P.A. No. 167 of 2016 and considering the decision of L.P.A. Court, this Court has also allowed the writ application bearing C.W.J.C. No. 3353 of 2018 vide order dated 27.02.2018. Relevant part of the order is quoted herein below: "Considering the submissions advanced on behalf of the petitioner that the case of the petitioner is

Patna High Court CWJC No.3326 of 2020(2) dt.24-02-2020 3/3 covered by Annexure-6 i.e. judgment dated 23-06-2017 passed in LPA No. 167 of 2016, this writ application is disposed of with direction to the respondent Nos. 3 & 4 to consider the case of the petitioner in the light of judgment dated 23-06-2017 passed in LPA No. 167 of 2016 and in case, respondents find that case of petitioner is covered by judgment dated 23-06-2017 passed in LPA No. 167 of 2016, similar benefit should be extended to these petitioners also within a maximum period of three months from the date of receipt/production of copy of the order.

With the aforesaid observation, this writ application is disposed of ."

In order to maintain consistency, the present writ application is also disposed of in similar terms. (Anil Kumar Upadhyay, J) uday/- U