Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7314 of 2019 ====================================================== 1.

Raju Kumar S/o Late Sohan Prasad R/o in Front of DAV Public School, Kumhrar, P.S.-Agamkuan, District-Patna at Present Assistant Teacher, Middle School Patna City, Under Malsalami Anchal Patnacity District Patna 2.

Rakesh Kumar S/o Late Ram Dinesh Sharma R/o New Vigrahpur, Garinandan Market, P.S.-Jakkanpur, District-Patna at Present Assistant Teacher, Gajadhar Middle School, Chiraiyatand, Under Golghar Middle School, Chiraiyatand, Under Golghar Anchal District-Patna 3.

Ashwani Kumar S/o Late Subhash Chandra Sinha R/o Van Vihar Colony, N.T.P.C. Phase-II Ashiana Nagar, P.S.-Rupaspur, District-Patna, at Present Assistant Teacher, Primary School, Rukanpura, Musahri Under Block Danapur, District-Patna 4.

Shipra Narayan Widow of Abhishek Narayan R/o House No. P.P. Colony, P.S.-Patliputra Colony, District-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

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

The District Education Officer, Patna 5.

The District Programme Officer (Establishment), Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishnu Kant Dubey For the Respondent/s :

Mr.Madanjeet Kumar (Gp20) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-04-2019 The learned counsel for the petitioners submits that the case of the petitioners is squarely covered by a judgment rendered by the Hon'ble Apex Court dated 03.04.2017 passed in Civil Appeal no. 4776-4777 of 2017 (Mukesh & Another v. State of Bihar and Others), hence similar benefits be granted to the petitioners herein.

Patna High Court CWJC No.7314 of 2019(2) dt.11-04-2019 2/2 Per contra, the learned counsel for the respondents submits that the District Programme Officer (Establishment), Patna shall consider the case of the petitioners in light of the aforesaid judgment of the Hon'ble Apex Court. Having regard to the facts and circumstances of the case, I deem it fit and appropriate to direct the petitioners to file a representation before the respondent no. 5 within a period of four weeks from today and the respondent no. 5 shall dispose of the same by a reasoned and speaking order within a period of eight weeks thereafter and in case, the case of the petitioners is found similar to that of the Appellants of the aforesaid judgment dated 03.04.2017, similar relief would be granted to the petitioners herein within a period of six weeks therefrom. (Mohit Kumar Shah, J) rinkee/- U