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Patna High CourtCWJC/7022/2018disposed

Venktesh Kumar Pandey And ORS v. The State Of Bihar And ORS

2018-04-19Mr. Justice Dr. Anil Kumar Upadhyay4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7022 of 2018 ======================================================

1. Venktesh Kumar Pandey, Son of Late Chandrama Pandey, Resident of Village-Thori Pandeypur, Post Office+ Police Station-Murar, District- Buxar. At present posted and working as an Assistant Teacher in Govt. Middle School Kochas, AnchalKochas, District- Rohtas.

2. Santosh Kumar Singh, Son of Vijay Bahadur Singh, Resident of Village-Laheri, Post Office-Laheri, Police Station-Kochas, District-Rohtas. At present posted and working as an Assistant Teacher in Govt. Rajvanshi Girls Middle School Kochas, AnchalKochas, District- Rohtas.

3. Budhi Bal Dhan Raw, Son of Mukteshwar Ram, Resident of Village-Phuli, Post Office-Dighita, Police Station-Kochas, District-Rohtas. At present posted and working as Headmaster in Govt. Upgraded Middle School Parasiyan, Anchal- Kochas, District- Rohtas.

4. Birendra Singh, Son of Shri Ram Sinhasan Singh, Resident of Village-Pithawayian, Post Office-Dooyian, Police StationDinara, District-Rohtas. At present posted and working as an Assistant Teacher in Govt. Middle School Kochas, AnchalKochas, District- Rohtas.

5. Ahmad Ali, Son of Late Jahaur Ansari, Resident of VillageKuchila, Post Office-Kuchila, Police Station-Kuchila, DistrictRohtas. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Parasiyan, Anchal- Kochas, District- Rohtas.

6. Suresh Kumar, Son of Shri Daresh Ram, Resident of VillageShahmal Khasra, Post Office-Balathari, Police Station-Kochas, District-Rohtas. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Parasiyan, AnchalKochas, District- Rohtas.

7. Dinesh Prasad Singh, Son of Late Ranjit Singh, Resident of Village-Amaishi Dihara, Post Office-Dadhawn, Police StationKochas, District-Rohtas. At present posted and working as an Assistant Teacher in Govt. Middle School Narwar Bhagirtha, Anchal- Kochas, District- Rohtas.

8. Bharat Prasad Singh, Son of Late Ramadhar Singh, Resident of Village-Bharhua, Post Office-Khuduru, Police Station-Dinara, District-Rohtas. At present posted and working as a Headmaster in Govt. Middle School Narwar Bhagirtha, Anchal- Kochas, District- Rohtas.

9. Vijay Narayan Keshri, Son of Late Ram Bachan Prasad Keshri, Resident of Village+ Post Office-Kochas, Police Station-Kochas, District-Rohtas. At present posted and working as a Headmaster in Govt. Middle School Chitawn, Anchal- Kochas, DistrictRohtas.

10. Ajay Kumar Singh, Son of Late Shiv Bachan Singh, Resident of Village+ Post Office-Kochas, Police Station-Kochas, DistrictRohtas. At present posted and working as an Assistant Teacher in

2/4 Govt. Upgraded Middle School Saroser, Anchal- Kochas, District- Rohtas.

11.Srikant Singh, Son of Shiv Bharat Singh, Resident of VillageDilliyan, Post Office-Sasaram, Police Station- Sasaram, DistrictRohtas. At present posted and working as an Assistant Teacher in Govt. Middle School Ubadhi, Anchal- Kochas, District- Rohtas.

12. Nizamuddin Ansari, Son of Late Zaheeruddin Ansari, Resident of Village-Bakasara, Post Office-Bisodihri, Police StationKarghar, District-Rohtas. At present posted and working as an Assistant Teacher in Govt. Upgraded Urdu Middle School Kochas, Anchal- Kochas, District- Rohtas.

13. Pramod Kumar Tiwary, Son of Late Bigu Prasad Tiwary, Resident of Village-Sawan Dihari, Post Office-Balathari, Police Station-Kochas, District-Rohtas. At present posted and working as an Assistant Teacher in Govt. Middle School Sawan Dihari, Anchal- Kochas, District- Rohtas.

14. Radhe Shyam Pal, Son of Late Ram Sakal Pal, Resident of Village-Ametha, Post Office-Badahari, Police Station-Kochas, District-Rohtas. At present posted and working as a Headmaster in Govt. Upgraded Middle School Satsa, Anchal- Kochas, District- Rohtas.

15. Shyam Lal Singh, Son of Late Ram Sinhasan Singh, Resident of Village-Barahutikala, Post Office-Barahutikala, Police StationKochas, District-Rohtas. At present posted and working as an Assistant Teacher in Govt. Middle School Kochas, AnchalKochas, District- Rohtas.

16. Sanjay Kumar, Son of Late Sudama Prasad Ram, Resident of Village-Parasiyan, Post Office-Kochas, Police Station-Kochas, District-Rohtas. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Sareyan, AnchalKochas, District- Rohtas.

17. Vinay Kumar Mishra, Son of Late Rajendra Prasad Mishra, Resident of Village-Sohsa, Post Office-Dangari, Police StationParasalthua Kochas, District-Rohtas. At present posted and working as an Assistant Teacher in Govt. Primary Middle School Chitani, Anchal- Kochas, District- Rohtas.

18. Kamlesh Kumar Singh, Son of Sri Ram Prasad Singh, Resident of Village-Mainpura, Post Office-Kochas, Police Station-Kochas, District-Rohtas. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Deberiyan, AnchalKochas, District- Rohtas.

19. Harendra Kumar, Son of Late Kanhaiya Pandey, Resident of Village-Sonhar, Post Office-Dhanua, Police Station-Shivsagar, District-Rohtas. At present posted and working as an Assistant Teacher in Govt. Middle School Nad, Anchal- Shivsagar, District- Rohtas.

20. Iswar Chandra Mishra, Son of Late Kameshwar Mishra, Resident of Village-Baijnath, Post Office-Devhaliya, Police StationRamgarh, District-Kaimur. At present posted and working as an Assistant Teacher in Govt. Primary School Chakarhashi, AnchalChakarhashi, District- Buxar.

3/4 ... ... 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, Bihar, Patna.

5. The Regional Deputy Director of Education, Patna.

6. The District Education Officer, Rohtas.

7. The District Education Officer, Buxar.

8. The District Programme Officer (Establishment), Rohtas.

9. The District Programme Officer (Establishment), Buxar.

10. The Block Education Officer, Kochas, District- Rohtas.

11. The Block Education Officer, Shivsagar, District- Rohtas.

12. The District Education Officer, Chakarhashi, District- Buxar.

13. The District Accounts Officer, Rohtas.

14. The District Treasury Officer, Rohtas.

15. The District Accounts Officer, Buxar.

16. The District Treasury Officer, Buxar.

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

For the Petitioner/s :

Mr. Umesh Kumar Mishra For the Respondent/s :

Mr. Madanjeet Kumar -Gp20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-04-2018 Heard the learned counsel for the petitioners and the learned counsel appearing for the State.

Mr. Umesh Kumar Mishra, learned counsel for the petitioner, submits that the case of the petitioners is fully covered by Annexures 5, 10 and 11, the orders, dated 31.03.2011, 16.08.2017 and 01.11.2017, passed in C.W.J.C. No. 6139 of 2007, L.P.A. No. 756 of 2015 and C.W.J.C. No. 14670 of 2014 respectively and Annexures 5, 10 and 11 of C.W.J.C. No. 5362 of 2018.

in view of the above, the writ petition is disposed off

4/4 with a direction to the respondent-District Programme Officer (Establishment) of the concerned district to examine the case of the petitioners in the light of the decision of this Court as indicated hereinabove, within a maximum period of sixty days, from the date of receipt/production of this order and extend the same benefit to the petitioners, if it is found covered by the decision in LPA in view of the litigation policy of the State Government.

(Anil Kumar Upadhyay, J) Shamshad/- U