Anil Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10306 of 2018 ======================================================

1. Anil Kumar son of Late Shivendra Prasad Singh Resident of Mohalla - Bhagwanpur, P.S. Muzaffarpur Sadar, District - Muzaffarpur, presently working as a Panchayat Teacher, Primary School Hichhra, Anchal - Kanti, District - Muzaffarpur.

2. Anil Kumar son of Late Nageshwar Singh Resident of Village and P.O. Sirsiya Jagdish, P.S. Kathaiya, District - Muzaffarpur, presently working as a Block Teacher, Middle School, Sain, Anchal - Kanti, District - Muzaffarpur.

3. Raj Kishore Singh son of Late Surendra Prasad Singh Resident of Village - Pachra Gote, P.O. Hirma, P.S. Tariyani, District - Sheohar, presently working as a Panchayat Teacher in Primary School, Janki Raman, Madhyapur, Anchal - Minapur, District - Muzaffarpur.

4. Manoj Kumar Chaudhary son of Late Raj Kumar Chaudhary Resident of Village - Chhajan Hari Rai Tola, P.O. Chhajan Hari Shankar, P.S. Kurhani, District - Muzaffarpur, Presently working as a Panchayat Teacher, Primary School, Chhajan Brahman Toli, Anchal - Kurhani, District - Muzaffarpur.

5. Manish Ranjan son of Kapildeo Prasad Singh Resident of Village - Mohammadpur Damodar, P.O.Mohammadpur Badal, P.S.Muraul, District - Muzaffarpur, presently working as a Block Teacher, Middle School, Titra, Anchal - Muraul, District - Muzaffarpur.

6. Shambhu Kumar son of Late Mahdusudan Shahi Resident of Village - Rampur North, P.O. Korlahiya, P.S. Hathauri, District - Muzaffarpur, presently working as a Block Teacher, Upgraded Middle School, Manjhaulia, Anchal - Minapur, District - Muzaffarpur.

7. Basant Kumar son of Late Harendra Prasad Singh Resident of Village - Bishunpur Jai Narayan, P.O. Khutahi Bhataulia, P.S. Paroo, District - Muzaffarpur, presently working as a Block Teacher Up-graded Middle School, Chintamanpur, District - Muzaffarpur.

8. Priti Priya wife of Binit Kumar Singh and daughter of Late Kumari Kishori Shahi resident of Mohalla - Sri Nagar Basti, Gobarsahi Chowk Lane No. 8, Bhagwanpur, P.S. Muzaffarpur Sadar, District - Muzaffarpur Presently working as a Panchayat Teacher, Primary School, Dubiyahi Ram Krishna Girls, Anchal - Saraiya, District - Muzaffarpur.

9. Mritunjay Mani son of Late Sanjay Kumar Resident of village - Borwara, P.O. Bhatauna, P.S. Karja, District - Muzaffarpur, presently working as a Block Teacher Up-graded Middle School, Borwara, Anchal - Marwan, District - Muzaffarpur. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. The Special Secretary, Education Department, Government of Bihar, Patna.

Patna High Court CWJC No.10306 of 2018(2) dt.16-07-2018 2/3

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

5. The District Magistrate, Muzaffarpur, District - Muzaffarpur.

6. The District Education Officer, Muzaffarpur, District - Muzaffarpur.

7. The District Programme Officer (Establishment), Muzaffarpur, District - Muzaffarpur.

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

For the Petitioner/s :

Mr. Vijay Kumar Singh, Advocate For the Respondent/s :

Smt. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2018 Heard the parties.

In the present writ application, the following relief has been sought for on behalf of the petitioners : (I) For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent Authorities to consider the case of the petitioners and grant regular pay scale to petitioners admissible to the post of regular Assistant Teacher pursuant to the observations of the Hon'ble Supreme Court in the case of Mukesh Kumar and another passed in Civil Appeal No.4776-4777 of 2012 and pay consequential monetary benefits to the petitioners. It has been submitted on behalf of the petitioners that the case of the petitioners be disposed of in the light of the order dated 3.4.2017 passed by the Hon'ble Superme Court in Civil Appeal No.4776-4777 of 2017 and analogous cases and also in the light of the order dated 11.05.2018 passed by this High

Patna High Court CWJC No.10306 of 2018(2) dt.16-07-2018 3/3 Court in C.W.J.C. No.8963 of 2018.

The respondents are directed to examine the case of the petitioners in the light of the order dated 3.4.2017 passed by the Hon'ble Superme Court in Civil Appeal No.4776-4777 of 2017 and analogous cases and also in the light of the order dated 11.05.2018 passed in C.W.J.C. No.8963 of 2018 and pass an appropriate order in accordance with law within a period of three months from the date of receipt/production of this order. With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U