Arvind Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6087 of 2019 ====================================================== 1.
Arvind Kumar Chaudhary Son of Ram Chandra Choudhary R/o MohallaWard No. 18, Bhabhua, P.S.-Bhabhua, District-Kaimur, at present posted and working as an Assistant Teacher in Govt. Middle School Gawai, BlockBhabhua, District-Kaimur 2.
Radhey Shyam Vishwakarma Son of Shiv Vachan Sharma R/o VillageTendua, P.S.-Sabar, District-Kaimur, at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Naugarh, BlockBhagwanpur, District-Kaimur 3.
Gopal Prasad S/o Late Satyanarayan Ram R/o Mohalla-Ward No. 14, Bhabhua, P.S. Bhabhua, District Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Naugarh, Block-Bhagwanpur, District-Kaimur 4.
Sunil Kumar Son of Late Ram Naresh Ram R/o Mohalla-Belwatiya Byepass Road, Near Rice Mill, Ward No. 10, P.S.-Bhabhua, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Middle School Kunj, Block-Bhabhua, District-Kaimur 5.
Jai Kumar Sant Son of Late Arjun Ram R/o Village-Bahera, P.S. Kudra, Teacher in Govt. Upgraded Middle School Khaira, Block-Bhabhua, District6. Vidyasagar Prasad Prabhakar Son of Bangali Prasad R/o Village-Darwa, P.S.-Mohania, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Aladahi, BlockMohania, District-Kaimur 7.
Yogeshwar Prasad Son of Badri Narayan Ram R/o Village-Sato Awanti (Naikot), P.S.-Noan, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Middle School Mukhram, BlockNoan, District-Kaimur 8.
Daya Shankar Tiwari Son of Late Gupteshwar Tiwari R/o Village-Jalalpur, an Assistant Teacher in Govt. Upgraded Middle School Bare Bhabhua, Block-Bhabhua, District-Kaimur 9.
Sanjay Kumar Gupta Son of Late Bhola Prasad R/o Mohalla-Ward No. 17, Bhabhua, P.S. Bhabhua, District-Kaimur (Bhbhua), at present posted and working as an Assistant Teacher in Govt. Primary School Bhabhua-25, Block-Bhabhua, District-Kaimur 10.
Mahfooz Alam Ansari Son of Abdul Sattar R/o Mohalla-Ward No. 22 Bhabhua, P.S. Bhabhua, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Urdu Middle School Bhabhua-15, Block-Bhabhua, District-Kaimur 11.
Sant Kumar Paswan Son of Late Ramavtar Paswan R/o Village-Hundra (Kala), P.S.-Belav (Rampur), District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Sarangpur, Block-Bhabhua, District-Kaimur
2/6 12.
Shekh Parwez Ali Son of Shekh Waris Ali R/o Mohalla-Pathan Toli, Ward No. 15, P.S.-Bhabhua, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Urdu Primary School Bhabhua-22, Block-Bhabhua, District-Kaimur 13.
Abdul Mannan Shah Son of Abdul Gani Shah R/o Village-Mokari, P.S. Assistant Teacher in Govt. Urdu Middle School Babura, Block-Bhabhua, District-Kaimur 14.
Riyajuddin Miyan Son of Mohiuddin R/o Village-Kabar, P.S. Bhabhua, Teacher in Govt. Upgraded Middle School Kabar, Block-Bhabhua, District15. Diwan Akbar Khan Son of Diwan Iliyas Khan R/o Village-Biddi, P.S. Chainpur, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Girl Middle School Chainpur, Block-Chainpur, District-Kaimur 16.
Hari Shankar Pal Son of Nathuni Pal R/o Village-Bhelma, P.S.-Kudra, Teacher in Govt. Middle School Pusauli, Block-Mohania, District-Kaimur 17.
Jay Prakash Narayan Son of Bhaggu Ram R/o Village-Rasulpur, Karmahari, Mohania, P.S. Mohania, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Kekarha, Block-Mohania, District-Kaimur 18.
Md. Liyakat Hussain Ansari Son of Md. Ali Ansari R/o Mohalla-Stuwarganj, P.S.-Mohania, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Upgraded Urdu Middle School Stuwarganj, Block-Mohania, District-Kaimur 19.
Arvind Kumar Singh Son of Shivdhari Singh R/o Village-Gurian, P.S.- Kudhani, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Middle School Bharkhar, Block-Mohania, District-Kaimur 20.
Md. Saifuddin Son of Md. Yunus R/o Village-Uganwan, P.S. Asthawan, District Nalanda, at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Mohania, Block-Mohania District-Kaimur 21.
Meena Kumari Wife of Late Hariwansh Narayan Pandey R/o MohallaMahendrawar, P.S. Bhagwanpur, District Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Primary School Bhabhua, Ward No. 14, Block-Bhabhua, District-Kaimur 22.
Ram Jinis Singh Son of Late Shivnath Singh R/o Mohalla-Devkali, P.S.- Mohania, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Middle School Bamhaur, Block-Mohania, District-Kaimur 23.
Mahendra Kumar Singh Son of Shiv Murti Singh R/o Mohalla Bhabhua Ward No. 06, P.S.-Bhabhua, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Middle School Kurasan, Block-Bhabhua, District-Kaimur 24.
Shashi Prabha Wife of Rajendra Prasad Singh R/o Mohalla-Bhabhua, Ward
3/6 No. 06, P.S.-Bhabhua, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Kurkurhi, Block-Bhabhua, District-Kaimur 25.
Sudha Kumari Wife of Mahendra Kumar Singh R/o Mohalla-Bhabhua Ward No. 06, P.S.-Bhabhua, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Middle School Kurasan, BlockBhabhua, District-Kaimur 26.
Sanjay Kumar Singh Son of Thakur Prasad Singh R/o Mohalla-V.I.P. Colony, Ward No. 2, P.S.-Bhabhua, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Ausan, Block-Bhagwanpur, District-Kaimur 27.
Parma Nand Singh Son of Baliram Singh R/o Village-Chand, P.S.-Chand, Teacher in Govt. Upgraded Middle School Dhobaha, Block-Chand District28. Md. Sajjad Hussain Ansari Son of Md. Idris Ansari R/o Village and PostBelaundi, P.S.-Mohania, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Sukulpipra, Block-Mohania, District-Kaimur 29.
Serv Nath Singh Son of Late Badri Singh R/o Village-Datiyan, P.S. Assistant Teacher in Govt. Upgraded Middle School, Dandawan, BlockBhabhua, District -Kaimur 30.
Vijay Kumar Son of Hari Krishna Ram R/o Mohalla-Bhabhua Ward No. 06, an Assistant Teacher in Govt. Upgraded Middle School, Dandawan, BlockBhabhua, District -Kaimur 31.
Haider Ali Ansari Son of Late Sadafal Ansari R/o Mohalla-Banauli, P.S.- Chenari, District-Rohtas (Sasaram), at present posted and working as an Assistant Teacher in Govt. Upgraded Urdu Middle School, Kurari, BlockRampur, District -Kaimur 32.
Anil Kumar Tiwari Son of Haridwar Tiwari R/o Village-Barahia, P.S. Mohania, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Middle School, Kasthari, Block-Durgawati, District -Kaimur 33.
Jai Shanker Prasad Son of Late Shyam Rathi Ram R/o Village-Nai Basti Madhopur, P.S. Durgawati, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School, Isari, Block-Durgawati, District -Kaimur 34.
Sangita Singh Wife of Ramesh Kumar Singh R/o Mohalla-Basantpur, P.S. Durgwati, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Kulharia, BlockDurgawati, District -Kaimur 35.
Rajendra Ram Son of Late Dhanraj Ram R/o Mohalla-Gopinathpur, P.S. Durgawati, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School, Itahi, BlockDurgawati, District -Kaimur
4/6 36.
Jitendra Kumar Chaudhary Son of Ram Janam Choudhary R/o MohallaBhabhua, Ward No. 18, Sabji Mandi Road, Near SBI, Bhabhua, P.S.- Assistant Teacher in Govt. Primary School Bhabhua-14, Block-Bhabhua, District -Kaimur 37.
Nirmala Kumari Wife of Awadhesh Singh R/o Mohalla-Kandh Bahuara, P.S.-Karakat, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Middle School Sion, Block-Bhabhua, District -Kaimur 38.
Raj Narayan Ram Son of Late Muneshwar Ram R/o Mohalla-Ward No. 18, P.s. Bhabhua, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Mahuwari, BlockBhabhua, District -Kaimur 39.
Ramkisun Ram Son of Late Ramlal Ram R/o Village-Bhandaini, P.S.- Durgwati, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Dhanachha, BlockDurgwati, District -Kaimur 40.
Dinesh Prasad Verma Son of Late Meva Prasad R/o Mohalla-Bhabhua Ward No. 11, P.S.-Bhabhua, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Middle School Bhekas, BlockBhabhua, District -Kaimur 41.
Rajgrihi Prasad Son of Guptnath Ram R/o Mohalla-Akhalaspur, P.S.- Bhabhua, District-Kaimur (Bhabhua), at present posted and working as a Headmaster in Govt. Upgraded Middle School Bare, Block-Bhabhua, District -Kaimur 42.
Md. Noor Hasan Son of Md. Noabi Miyan R/o Mohalla-Ward No. 13, P.s.- Assistant Teacher in Govt. Municipal Urdu Middle School Bhabhua-15, Block-Bhabhua, District -Kaimur 43.
Shyam Narayan Rai Son of Late Shriram Rai R/o Mohalla-Diharma (Khurd), P.S.-Sonhan, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Primary School Bhabhua, Ward No. 14, Block-Bhabhua, District -Kaimur 44.
Bipin Bihari Singh Son of Late Ram Niwash Singh R/o Village-Marichanv, P.s.-Bhabhua, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Middle School, Shivpur, Block-Bhabhua, District -Kaimur 45.
Abhay Kumar Singh Son of Ram Baleshwar Singh R/o Village-Dandwas, P.S. Mohania, District-Kaimur (Bhabhua), at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Majhari, BlockBhabhua, District -Kaimur 46.
Arvind Kumar Trivedi Son of Laxmi Narayan Trivedi R/o Village-Khanaw, an Assistant Teacher in Govt. Upgraded Middle School Khanawn, BlockBhabhua, District -Kaimur ... ... Petitioner/s
Versus
5/6 1.
The State of Bihar 2.
The Principal Secretary Education Department, Govt. of Bihar, Patna 3.
The Principal Secretary Finance Department, Government of Bihar, Patna 4.
The Director Primary Education, Bihar, Patna 5.
The District Education Officer Kaimur (Bhabhua) 6.
The District Programme Officer (Establishment) Kaimur (Bhabhua) 7.
The Block Education Officer, Kudra District-Kaimur (Bhabhua) 8.
The Block Education Officer Bhagwanpur, District-Kaimur (Bhabhua) 9.
The Block Education Officer, Mohania District-Kaimur (Bhabhua) 10.
The Block Education Officer, Noan District-Kaimur (Bhabhua) 11.
The Block Education Officer, Chainpur District-Kaimur (Bhabhua) 12.
The Block Education Officer, Chand District-Kaimur (Bhabhua) 13.
The Block Education Officer, Rampur District-Kaimur (Bhabhua) 14.
The Block Education Officer, Durgawati District-Kaimur (Bhabhua) 15.
The District Accounts Officer Kaimur (Bhabhua) 16.
The District Treasury Officer, Kaimur (Bhabhua) ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Mishra For the Respondent/s :
Mr.Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-04-2019 The learned counsel for the petitioners submits that the present writ petition is squarely covered by a judgment dated16.08.2017 passed in L.P.A. No. 756 of 2015 (The State of Bihar & ors. vs. Ram Ashis Tiwari & Anr.).
Per contra, the learned counsel for the respondents submits that the respondent no. 6 shall examine the case of the petitioners and take a final decision.
Having regard to the submissions made by the learned counsel for the parties, the present writ petition is disposed off
6/6 with a direction to the respondent no. 6 to examine the case of the petitioners herein in light of the judgment dated 16.08.2017 passed in L.P.A. No. 756 of 2015 and take a final decision within a period of twelve weeks from today and in case, the case of the petitioners is found to be similar to that of the respondents of the aforesaid judgment, then all consequential benefits, if any, including the monetary benefits shall be paid to the petitioners herein within a period of one month thereafter. The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) ajay gupta/- U