Sushmabala v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1663 of 2012 Sanjeev Kumar, Son of Nagendra Prasad Singh, Resident of VillageMasudan, Post-Abhayapur, P.S.-Piri Bajar, District-Lakhisarai.

1. The State of Bihar through the Principal Secretary, Human Resources Deptt., Patna.

2. The Director, Primary Education, Bihar, Patna.

3. The District Programme Officer (Establishment), Lakhisarai. The Block Education Extension Officer, Piparia, Lakhisarai.

4. The Block Development Officer, Paparia, Lakhisarai.

5. The Member District Teacher Neyojan Appellate Authority, Lakhisarai.

6. Ramashraya Yadav, Son of Late Bhuna Yadav, R/O Mohalla-Hanuman Nagar Naya Bazar at and P.S.-Lakhisarai, Distt.-Lakhisarai.

7. Kumud Kumari, W/O Sanjay Kumar, R/O Karya Nagar, West Ward No. 9, P.O. And P.S.-Lakhisarai.

8. Krishnandan Sharma, S/O Late Kapildeo Sharma, R/O Village and PostRamchandra Pur, P.S.-Pipara, Distt.-Lakhisarai.

9. Ramnandan Sharma, S/O Ramadhin Sharma, R/O Village and P.O.- Wallipur, P.S.-Piparia, Distt.-Lakhisarai.

Civil Writ Jurisdiction Case No.3627 of 2012 Sushmabala, W/O Shriniwash @ Ram Niwash Verma, R/O Village- Maa Kailash Nagar, Ward No. 31, Jainagar, Bari Kawaiya, P.S.- Lakhisarai, District- Lakhisarai.

1. The State of Bihar through its Principal Secretary Human Resources Development Department, Government of Bihar, Patna.

2. The Director (Primary Education), Human Resources Development Department, Government of Bihar, Patna.

3. District Education Officer, Lakhisarai.

4. District Programme Officer, Lakhisarai.

5. Block Development Officer, Piparia, Lakhisarai.

6. Block Extension Education Officer-Cum-Secretary, Block Teacher Employment Committee, Pipariya, Lakhisarai

7. Prakhand Pramukh, Pipariya, Lakhisarai.

8. Ramashray Yadav, S/O Late Bhuna Yadav, R/O Vill.- Hanuman Nagar, Naya Bazar, P.S. & Distt.- Lakhisarai.

9. Krishna Nandan Sharma, S/O Late Kapildeo Sharma, R/O Vill.- Ramchandrapur, P.S.- Pipariya, Distt.-Lakhisarai.

10. Kumud Kumari, W/O Sanjay Kumar, R/O Vill.- Karyanand Nagar West, Ward Mp/9, P.S. & Distt.-Lakhisarai.

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11. Ram Nandan Sharma, S/O Ramadhin Sharma, R/O Vill.- Balipur, P.S.- Pipariya, Distt.- Lakhisarai Civil Writ Jurisdiction Case No.3813 of 2012

1. Rupesh Kumar, Son of Garib Das, Resident of Village- Mahsona, P.S.- Lakhisarai, District- Lakhisarai.

2. Khushbu Shiksha, Daughter of Shri Bishwas Kumar, Resident of Village- Daulatpur, P.S.- Jamalpur, District- Munger.

1. The State of Bihar , Through Its Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna.

2. The Director (Primary Education), Human Resources Development Department, Government Of Bihar, Patna.

3. District Education Officer, Lakhisarai.

4. District Programme Officer, Lakhisarai.

5. Block Development Officer, Piparia, Lakhisarai.

6. Block Extension Education Officer-Cum-Secretary, Block Teacher Employment Committee, Pipariya , Lakhisarai.

7. Prakhand Pramukh, Pipariya, Lakhisarai.

8. Ramashray Yadav, Son Of Late Bhuna Yadav, Resident Of VillHanuman Nagar, Naya Bazar, P.S. & Distt.- Lakhisarai.

9. Krishna Nandan Sharma, S/O Late Kapildeo Sharma, Resident Of VillRamchandrapur, P.S.- Pipariya, Distt.- Lakhisarai.

10. Kumud Kumari, W/O Sanjay Kumar, Resident Of Vill.- Karyanand Nagar West, Ward Mp/9, P.S. & Distt.- Lakhisarai.

11. Ram Nandan Sharma, S/O Ramadhin Sharma, Resident Of Vill.- Balipur, P.S.- Pipariya, Distt.- Lakhisarai.

Civil Writ Jurisdiction Case No.1377 of 2013

1. Ramashray Yadav, Son Of Late Bhuna Yadav, Resident Of Village - Hanuman Nagar, Naya Bazar, P.S. + District - Lakhisarai.

2. Krishna Nandan Sharma, Son Of Late Kapildeo Sharma, Resident Of Village - Ramchandrapur, P.S. - Pipariya, District - Lakhisarai.

3. Ram Nandan Sharma, Son Of Sri Ramadhin Sharma, Resident Of Village - Balipur, P.S. - Pipariya, District - Lakhisarai. .... .... Petitioners

1. The State Of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2. The Director, Primary Education, Education Department, Government of Bihar, Patna.

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3. The Member, District Teacher Employment Appellate Authority Lakhisarai, District - Lakhisarai.

4. The District Magistrate, Lakhisarai, District - Lakhisarai.

5. The District Education Officer, Lakhisarai, District - Lakhisarai.

6. The District Programme Officer, Lakhisarai, District - Lakhisarai.

7. The Block Development Officer, Pipariya, District - Lakhisarai.

8. The Block Education Officer, Pipariya Cum Secretary, Block Teachers Employment Committee, Pipariya, District - Lakhisarai.

9. The Prakhand Pramukh Of Block - Piparia, District - Lakhisarai

10. Abhiram Sharma Son of Late Kameshwar Singh R/O at + P.O. - Ramchandrapur. At Present Working At Middle School Hasanpur, P.S. - Pipariya, Distrit - Lakhisarai.

11. Satish Kumar, Son Of Late Shrawan Singh, R/O At + P.O. Ramchandrapur, At Present Working At Upgraded Middle School, Murbariya, P.S. - Pipariya, District - Lakhisarai.

12. Umashankar Sharma, Son Of Brahmdeo Singh, R/O Village - Ram Nagar, P.O. - Ramchandrapur, At Present Working At Middle School, Ram Nagar, P.S. - Pipariya, District - Lakhisarai.

13. Hareram, Son Of Yogi Singh R/O Village - Ram Nagar, P.O. - Ramchandrapur, At Present Working At Utkramit Madhya Vidyalaya, Pathua, P.S. - Pipariya, District - Lakhisarai.

14. Tuntun Singh, Son Of Sri Sitaram Singh, R/O At P.O. - Ramchandrapur, At Present Working At Utkramit Madhya Vidyalaya, Surjichak, P.S. - Pipariya, District - Lakhisarai. Civil Writ Jurisdiction Case No.7273 of 2012 Rakesh Kumar, Son of Sri Prayag Mahto, Resident Of Village-Lakshmipur, P.O.-Kawadpur P.S. Surajgarha, Distt.-Lakhisarai.

1. The State of Bihar.

2. The Principal Secretary, Human Resources Department, Bihar, Patna.

3. The Director, Primary Education, Bihar, Patna.

4. The District Magistrate, Lakhisarai.

5. The District Teacher Employment Appellate Tribunal Lakhisarai.

6. The District Education Extension Officer, Piparia. District-Lakhisarai.

7. The Block Development Officer-Cum-Executive Officer, Piparia Block Distt.-Lakhisarai.

8. Sri Ram Sagar Singh, Son of not known to the petitioner, the then District Superintendent Of Education-Cum-Sub Divisional Education Officer, Lakhisarai.

9. Sri Kamlesh Ram, Son Of Not Known The Then Block Education Extension Officer, Piparia Block, Dist.-Lakhisarai, Presently Posted At On The Post Of Block Education Extension Officer Sirdala Block, Distt.-Nalanda.

10. Sri Prabhanjan Kumar, Son Of Not Known The Then Pramukh Of Piparia Block Distt.-Lakhisarai.

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11. Sri Bhanu Rajak, Son Of Not Known, The Member Of Counselling The Assistant Teacher-Cum-Incharge Headmaster Middle School, Mohanpur P.S. And Block Piparia, Distt.-Lakhisarai.

12. Sri Kokil Kumar, Son Of Not Known The Member Of Counselling The Assistant Teacher, Utkramit Middle School, Murberia, Block And P.S. Piparia, District-Lakhisarai.

13. Sri Arjun Pandit, Son Of Not Known The Member Of Counselling The Assistant Teacher, Kanya Middle School, Ramchandrapur Block And P.S. Piparia, Distt.-Lakhisarai.

14. Sri Sita Ram Rajak, Son Of Not Known, The Member Of Counselling The Assistant Teacher, Middle School, Olipur, P.S. And Block-Piparia, Distt.-Lakhisarai.

15. Sri Sudhir Sharma, Son Of Not Known, The Member Of Counselling Thethe B.R.P. Piparia Block Distt.-Lakhisarai.

16. Sunita Devi, Wife Of Not Known The Member Of Prakhand Niyojan Samiti Piparia Block Distt.-Lakhisarai.

17. Sri Ramashray Yadav, Son Of Late Bhuna Yadav, Resident Of MohallaHanuman Nagar, Naya Bazar Lakhisarai, P.O. + Dist.-Lakhisarai.

18. Sri Ram Nandan Sharma, Son Of Sri Ramadhin Sharma, Village And P.O.-Wolipur, P.S. Piparia, Distt.-Lakhisarai

19. Krishnandan Sharma, Son Of Late Kapildeo Sharma, Village And P.O.- Ramchandrapur, P.S. And Block Piparia, Distt.-Lakhisarai.

20. Kumud Kumari, Wife Of Sri Sanjay Kumar, Resident Of MohallaKaryanand Nagar Paschim, Ward No. 09 P.O. And Dist.-Lakhisarai.

21. Rupesh Kumar, Son Of Not Known Prakhand Teacher At Middle School, Ramchandrapur, P.O.-Ramchandrapur P.S. And Block-Piparia, Dist.-Lakhisarai.

22. Khushbu Shiksha, Daughter Of Not Known Prakhand Teacher, At Middle School, Ramchandrapur P.S. And Block-Piparia, Dist.- Lakhisarai.

23. Abhiram Sharma, Son Of Not Known Physical Teacher Middle School, Hasanpur, P.S. And Block Piparia Distt.-Lakhisarai.

24. Satish Kumar, Son Of Not Known Physical Teacher, At Utkaramit Middle School, Murbariya, P.S. + Block Piparia, Distt.-Lakhisarai.

25. Uma Shankar Sharma, Son Of Not Known Physical Teacher, At Middle School Ram Nagar, Block And P.S.-Piparia, Distt.-Lakhisarai.

26. Hareram, Son Of Not Known Physical Teacher, At Utkramit Madhya Vidyalaya, Pathua, P.S. And Block-Piparia, Distt.-Lakhisarai.

27. Tuntun Singh, Son Of Not Known Physical Teacher At Utkramit Madhya Vidyalaya, Surjichak P.S. And Block-Piparia, Distt.-Lakhisarai.

28. Sanjiv Kumar, Son Of Late Nagendra Prasad Singh, Middle School, Wolipur, P.O.-Wolipur, P.S. Piparia Dist.-Lakhisarai.

29. Sushma Bala, W/O Sri Niwash At Girl'S Middle School, Ramchandrapur, P.O.-Ramchandrapur, P.O.-Piparia, Dist.-Lakhisarai.

30. Kanchan Kumari, Wife Of Late Raja Ram Singh At Middle School, Ramchandrapur, P.O.-Ramchandrapur P.S. Piparia, Distt.-Lakhisarai. Appearance :

(In CWJC No.1663 of 2012) For the Petitioner : Mr. Indu Bhushan, Advocate.

5/6 For the Respondents : Mr.

(In CWJC No.3627 of 2012) For the Petitioner : Mr. Pravin Kumar Gupta, Advocate. For the Respondents : Mr. Gautam Bose Aag8 (In CWJC No.3813 of 2012) For the Petitioners : Mr. Pravin Kumar Gupta, Advocate. For the State : Mrs. Nutan Kumar Sharma, A.C. to G.A. 1.

For the Respondent : Mr. Mritunjay Kumar, Advocate. (In CWJC No.1377 of 2013) For the Petitioners : Mr. Mritunjay Kumar, Advocate. For the Respondents : Mr. Devendra Kr Sinha Aag2 (In CWJC No.7273 of 2012) For the Petitioner : Mr. Indu Bhushan, Advocate. For the Private Respondent Nos. 24, 25, 26 & 28 : Mr. Ram Vinay Pd. Singh(Sanjay), Advocate.

For the State : Mr. Abbas Haidar, S.C. 6. For the Pvt. Respondent : Mr. Mritunjay Kumar, Advocate. CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2017 Learned counsels for the petitioners seeks permission to withdraw the present applications with a liberty to prefer an appeal before the State Appellate Authority, challenging the Memo No. 07 dated 07.01.2012 passed by the Member, District Teachers Employment Appellate Authority, Lakhisarai.

Permission is accorded.

The petitioners shall file an appeal within a period of thirty days from the date of the order and the same shall be disposed of within the statutory period.

The petitioner of C.W.J.C. No. 7273 of 2012 will be at liberty to file a separate application before the State Appellate

6/6 Authority, if so advised, for any interim relief. The present applications are disposed of with the aforesaid observation and direction.

(Sudhir Singh, J) U.K./- U