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Patna High CourtCWJC/19345/2017disposed

Lalan Hazra And ORS v. The State Of Bihar And ORS

2018-01-19Mr. Justice Dr. Anil Kumar Upadhyay4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19345 of 2017 ===========================================================

1. Lalan Hazra, Son of Late Indrashan Hazra, Resident of Village- Kathari, Post Office- Sathi, Police Station- Sathi, Anchal- Narkatiyaganj, District- West Champaran, Retired Assistant Teacher, Middle School, Sathi, District- West Champaran.

2. Lalan Prasad, Son of Lakshmi Prasad, Resident of Village- Pirpainti, Post Office- Yogapatti, District- West Champaran, retired as Assistant Teacher, Upgraded Middle School, Pirpainti, Block- Yogapatti, District- West Chamaparan.

3. Subhash Prasad, Son of Late Ramashankar Prasad, Resident of Village- Babuli Tola, Post+Police Station- Bagaha- 01, District- West Champaran, Retired Assistant Teacher, Primary School, Patkhauli, Block- Patkhauli, Bagaha-2, District- West Champaran.

4. Harihar Pandit, Son of Late Kailash Pandit, Resident of Village+PostJagannathpur, Via- Sikta, Police Station- Gopalpur, District- West Champaran. Retired Teacher Upgraded Primary School, Mahamwa Pachchim, Block- Sikta, District- West Champaran.

5. Mahendra Prasad Singh, Son of Late Bharat Prasad Singh, Resident of VillageKhiratiya Baldiha, Post- Shivganjpur, Police Station- Yogapatti, District- West Champaran, Retired Teacher Upgraded Middle School, Padri, Block- Lauriya, District- West Champaran.

6. Shankar Ram, Son of Late Natthu Ram, Resident of Village- Machchargawa, Post- Machcharrgawa Bazar, Via- Yogapatti, District- West Champaran, Retired Assistant Teacher, Upgrade Middle School, Bhawanipur, BlockYogapatti, District- West Champaran.

7. Babu Saheb Shukla, Son of Nageshwar Shukla, Resident of Village- Navgawa, Post+Police Station- Yogapatti, District- West Champaran. Retired Assistant Teacher, Upgraded Middle School, Bhatwalia, Block- Yogapatti, District- West Champaran.

8. Rambriksh Ram, Son of Late Lochan Ram, Resident of Village- Baghi Baghambpur, Post- Patjirva, Via- Bettiah, Police Station- Srinagar Pujha, Bairiya, District- West Champaran Retired Teacher, Upgraded Middle School, Baghi Gyanjee Ka Tola, Block- Bairiya, District- West Champaran.

9. Lakshman Mahto, Son of Late Singhasan Mahto, Resident of MohallaChhawni Bettiah, Post+Police Station- Bettiah, District- West Champaran, retired teacher, Upgraded Middle School, Bankatwa, Block- Nautan, DistrictWest Champaran.

10. Hiraman Ram, S/o Late Bhagelu Ram, Resident of Village- Taghwanandpur, Post- Taghwanandpur, Via- Bettiah, Police Station- Bairiya, District- West Champaran. Retired teacher Middle School, Pakhnaha, Block- Bairiya, DistrictWest Champaran.

11. Kamleshwar Prasad Rai, Son of Chokat Rai, Resident of Village- Babui Tla, Post+Police Station- Bagha-01, District- West Champaran, retired teacher, Upgraded Middle School, West Lagunaha, Block- Bagha-01, Additional District- West Champaran.

12. Govind Prasad, Son of Late Babunandan Mahto, Resident of Village- Bin Walia, Post- Sighao, Via- Naraipur, Police Station- Laukariya, District- West Champaran, retired Teacher Primary School, Mahuar, Block- Bagha 02, District- West Champaran.

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13. Yogendra Rao, Son of Late Jagdish Rao, Resident of Village- Kataya, PostSahadatpur, Police Station- Lauriya, District- West Champaran, retired Teacher, Primary School, Shishwania, Vriti Tola, Block- Lauriya, District- West Champaran.

14. Badan Prasad Rao, Son of Late Jagdish, Resident of Village- Kataiya, PostSahadatpur, Police Station- Laurya, District- West Champaran, Retired Teacher, Primary School, Harpur, Block- Lauriya, District- West Champaran.

15. Mojibur Rahan Khan, Son of Late Lutfur Rahma Khan, Resident of MohallaChawni Bettiah, Post+Police Station- Bettiah, District- West Champaran, Retired Teacher, Upgraded Middle School, Phatuchapar Kanya, Block- Bairiya, District- West Champaran.

16. Vishwanath Thakur, Son of Late Deoraj Thakur, Resident of Village- Meghwal, Post- Meghwal Mathiya, Via- Ram Nagar, Police Station- Ram Nagar, DistrictWest Champaran, retired Teacher Primary School, Sishwa, Bahuarwa, BlockNarkatiyaganj, District- West Champaran.

17. Mojibul Haque, Son of Late Q. Haque, Resident of Mohalla- Daroga Tola, Baswariya Bettiah, Post+Police Station- Bettiah, District- West Champaran, retired Teacher Upgraded Middle School, Beldari Urdu, Block Bettiah, DistrictWest Champaran.

18. Chhat Kumari Devi, Wife of Late Hira Lal Mahto, Resident of VillageSophwa, Post- Narkatiyaganj, Police Station- Sikarpur, District- West Champaran.

19. Dilip Kumar Shrivastava, Son of Late Hira Prasad, Resident of Village+PostBaduarwa, Police Station- Majhaulia, District- West Champaran, retired Teacher Upgraded Middle School, Haripakri, Block- Majhaulia, District- West Champaran.

20. Sri Anil Kumar Jha, Son of Late Krishnadutt Jha, Resident of Village- Ranipur, Post- Ashram Vrindavan, Police Station- Chanpatiya, District- West Champaran, retired Teacher Upgrade Middle Schhol, Lakhaura, BlockChanpatiya, District- West Champaran.

21. Jiyauddin Ansari, Son of Late Mohammad Hasan, Resident of VillagePremahi, Post- Bhitha, Police Station- Thakraha, District- West Champaran.

22. Banarsi Ram, Son of Late Saryug Ram, Resident of Village- Anjua, PostAnjua, Police Station- Sikarpur, District- West Champaran retired Teacher, Upgraded Middle School, Anjua, Block- Narkatiyaganj, District- West Champaran.

23. Paspat Prasad, Son of Late Kailash Shah, Resident of Village+PostBishunpura, Police Station- Jagdishpur, Block- Nautan, District- West Champaran, retired Teacher, Primary School, Chanpatiya, Block- Chanpatiya, District- West Champaran.

24. Umakant Pandey, Son of Late Hiranand Pandey, Resident of Village- Parwatiya Tola, Mohalla- Krishnapuri, Post- Welbagh, Police Station- Bettiah Muffasil, District- West Champaran, Retired Teacher, Primary School, Kathhiya Bishunpur, Block- Nautan, District- West Champaran.

25. Hasan Imam, Son of Late Abdul Wahid, Resident of Village- Santpur, Police Station- Nautan, District- West Champaran, retired Teacher Govt. H.M.S., Shiv Nagar, Nautan, West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretar, Department of Education, Bihar, Patna.

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

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3. The Director (Primary) Education Department, Bihar, Patna.

4. The Regional Deputy Director of Education Tirhut Division, Muzaffarpur.

5. The District Education Officer, Bettiah, District- West Champaran.

6. The District Programme Officer (Establishment), Betttiah, West Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Respondent/s : Mr. Hitesh Suman, AC to SC-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 19-01-2018 Heard learned counsel for the petitioners and the State.

Learned counsel for the petitioners submits that the case of the petitioners is covered by Annexure-7 to the writ application, the order passed in C.W.J.C. No. 10703 of 1997 dated 10.08.2010. He submits that in the light of decision contained in Annexure-7, the petitioners have already represented the District Programme Officer (Establishment), West Champaran, Bettiah vide Annexure-8 Series and, as such, he submits that the respondent District Programme Officer (Establishment), West Champaran, Bettiah may be directed to take final decision on the representations of the petitioners (Annexure- 8 Series).

Without going into the nitty-gritty of the claim of the petitioners, the writ application is disposed of with a direction to the respondent District Programme Officer (Establishment), West Champaran, Bettiah to take final decision on the representations filed

4/4 by the petitioners (Annexure-8 Series), if not already disposed of, by a reasoned and speaking order within a period of 60 days from the date of receipt/production of a copy of this order. Needless to state here that if the case of the petitioners is identical to the case of petitioners of C.W.J.C. No. 10703 of 1997, similar benefits should be extended to these petitioners as well within the time frame indicated hereinabove. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.01.2018 Transmission Date 23.01.2018