Arun Bihari Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3364 of 2024 ====================================================== 1.

Arun Bihari Pandey son of Sri Parash Nath Pandey, resident of VillageIndrapur, P.S.-Dhansoi, District-Buxar. 2.

Shyamdeo Pandey, son of Late Sidhi Nath Pandey, resident of Village-Simri Tola Halwa Patti, P.S.-Simri, District-Buxar. 3.

Nandless Pandey, son of Late Suraj Nath Pandey, resident of Village-Simri, P.S.-Simri, District-Buxar.

4.

Arvind Kumar Pandey, son of Sri Jagdish Pandey, resident of Village-Simri Tola Ramo Patti, P.S.-Simri, District-Buxar.

5.

Krishnandan Pandey, son of Late Babuni Babu Pandey, resident of VillageHulas chapra, P.S.-Giriyakothi, District-Buxar. ... ... Petitioners.

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Human Resources Development Department, Government of Bihar, Vikash Bhawan, Patna.

3.

The Additional Secretary, Human Resources Development Department, Government of Bihar, Vikash Bhawan, Patna.

4.

The Special Director, Department of Education, Government of Bihar, Vikash Bhawan, Patna.

5.

The Bihar Sanskrit Shiksha Board, Bihar, Patna, through its Secretary. 6.

The Chairman, Bihar Sanskrit Shiksha Board, Bihar, Patna 7.

The Secretary, the Bihar Sanskrit Shiksha Board, Bihar, Patna, 8.

The District Education Officer, Buxar, District-Buxar. 9.

The District Programme Officer, Buxar, District-Buxar. ... ... Respondents.

====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Kumar Ishwar For the Respondent/s :

Mr. Government Pleader 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-03-2024 Heard learned counsel for the parties.

2. Learned counsel for the petitioners submits that the

Patna High Court CWJC No.3364 of 2024(2) dt.22-03-2024 2/3 issued raised in the present writ application is squarely covered by the decision of this Court in C.W.J.C. No.985 of 2015 dated 27.03.2019.

3. These petitioners have also been deprived of the benefits to which they were entitled by the impugned resolution dated 31st of August, 2013, which had already been quashed to the extent as indicated in the judgment dated 27.03.2019 passed in C.W.J.C. No.985 of 2015 by a Division Bench of this Court. Therefore, the petitioners are also entitled to the same benefits on the same terms.

4. In that view of the matter, this writ petition is disposed of with a direction to the petitioners to file a fresh representation before the respondent no.9 along with a copy of this order and the judgment dated 27.03.2019 passed in C.W.J.C. No.985 of 2015 and the respondent no.9 is well advised to consider the case of the petitioners and grant the same benefits including the arrears within a period of three months from the date of filing of such representation.

5. It goes without saying that respondent no.9 shall be responsible for non-compliance of this order within the stipulated period.

6. It is made clear that this Court has not expressed

Patna High Court CWJC No.3364 of 2024(2) dt.22-03-2024 3/3 any opinion with regard to the merits of the claim of the petitioners.

(Anjani Kumar Sharan, J) Trivedi/- U