Rajiv Kumar Shrivastawa v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5221 of 2019 ====================================================== 1.

Rajiv Kumar Shrivastawa Son of Late Umesh Chandra Prasad R/o Village and Post Office-Baijubarhoga, P.S.-Basantpur, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School Mora, Anchal-Bhagwanpur Hat, District-Siwan 2.

Ajit Singh Son of Bhola Singh R/o Village-Bhikhampur, P.S.-Bhagwanpur Hat, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School Bhishmpur, Anchal-Bhagwanpur Hat, DistrictSiwan 3.

Arun Kumar Prasad Son of Swaminath Prasad R/o Village-Mashrak, P.S.- Mashrak, District-Chapra. At present posted and working as an Assistant Teacher in Govt. Primary School Mahna, Anchal-Bhagwanpur Hat, DistrictSiwan 4.

Rajendra Sah Son of Hira Lal Sah R/o Village-Musepur, P.S.-Lakari Nabiganj, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Primary School Mahna, Anchal-Bhagwanpur Hat, DistrictSiwan 5.

Shatrughan Prasad Son of Jagdish Sah R/o Village-Kauriya Mathiya, P.S.- Bhagwanpur Hat, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School Kauriya, Anchal-Bhagwanpur Hat, District-Siwan 6.

Ramprawesh Sah Son of Late Rambilash Sah R/o Village-Musepur, P.S.- Lakari Nabiganj, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Primary School Saghar, Anchal-Bhagwanpur Hat, District-Siwan 7.

Ranjan Kumar Son of Late Umesh Chandra Prasad R/o Village-Baiju Barhoga, P.S. Basantpur, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Machhagara, Anchal-Bhagwanpur Hat, District-Siwan 8.

Md. Mustaffa Son of Shri Late Hamid Miyan R/o Village-Ratauli, Post Office-Bithuna, P.S.-Basatpur, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Sareyan Urdu, Anchal-Bhagwanpur Hat, District-Siwan 9.

Amrendra Kumar Son of Sakal Deo Prasad R/o Village-Rampur Kothi, P.S.- Bhagwanpur Hat, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Chakrabridhi, AnchalBhagwanpur Hat, District-Siwan 10.

Rameshwar Ray Son of Marai Ray R/o Village-Jagdishpur, P.S.- Bhagwanpur Hat, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Kanya Primary School Jagdishpur, AnchalBhagwanpur Hat, District-Siwan 11.

Jayram Prasad Son of Shiw Pujan Bhagat R/o Village-Sahasrawn, P.S.- Bhagwanpur Hat, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Primary School Salempur, Anchal-Bhagwanpur Hat, District-Siwan

2/5 12.

Raj Kumari Wife of Shri Ram Prasad R/o Village-Jagdishpur, P.S.- Bhagwanpur Hat, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Primary School Jagdishpur, Anchal-Bhagwanpur Hat, District-Siwan 13.

Vijay Thakur S/o Late Matuk Deo Prasad R/o Village-Saguni, P.S.-Taraiyan, District-Chapra. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Bankat Purv, Anchal-Bhagwanpur Hat, District-Siwan 14.

Bachcha Bihari Lohar Son of Late Mangal Lohar R/o Village-Bithuna, P.S. Basantpur, district Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School Chakia Chaturbedi, Anchal-Bhagwanpur Hat, District-Siwan 15.

Zabbar Hussain Son of Mustakim Ansari R/o Village-Bhagwanpur Hat, P.S.- Bhagwanpur Hat, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Primary School Bankat, Anchal-Bhagwanpur Hat, District-Siwan 16.

Jitendra Kumar Yadav Son of Wakil Prasad Yadav R/o Village-Murwar, P.S.- Basantpur, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Upgraded School Sipar, Anchal-Bhagwanpur Hat, DistrictSiwan 17.

Kalpnath Prasad Yadav Son of Late Shivaji Prasad R/o Village-Hulesra, P.S.- Bhagwanpur Hat, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Ratauli, AnchalBhagwanpur Hat, District-Siwan 18.

Nagendra Singh Son of Late Vishwanath Singh R/o Village-Mundipur, P.S.- Bhagwanpur Hat, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Primary School Bankat, Anchal-Bhagwanpur Hat, District-Siwan 19.

Shashibhushan Singh Son of Late Bipin Bihari Singh R/o Village-Nawatola, P.S.-Bhagwanpur Hat, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Nawatola, AnchalBhagwanpur Hat, District-Siwan 20.

Vidya Bhushan Srivastava Son of Late Panchdev Prasad R/o Village-Bankat, P.S.-Bhagwanpur Hat, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Bankat Purb, AnchalBhagwanpur Hat, District-Siwan 21.

Shashi Ranjan Son of Late Ramraja Prasad Singha R/o Village and Post Office-Sardiha,P.s.-Bhagwanpur Hat, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Banpura, Anchal-Bhagwanpur Hat, District-Siwan 22.

Shyam Prakash Son of Late Srinivas Prasad R/o Village-Darauli, P.S.- Darauli, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Adarsh Kanya Middle School Darauli, Anchal-Darauli, District-Siwan 23.

Kedar Nath Amrit Pyasa Son of Late Bishnu Ram Manjhi R/o VillageBariarpur, P.S.-Pachrukhi, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Machhauta, Anchal-

3/5 Daraunda, District-Siwan 24.

Birendra Kumar Pandey Son of Late Ramdeo Pandey R/o Mohalla-Shivajee Nagar, Nai Basti, Fatepur, Siwan, Police Station-Town Thana, DistrictSiwan. At present posted and working as an Assistant Teacher in Govt. Middle School Kachahari, Anchal-Siwan, District-Siwan 25.

Navin Kumar Rai Son of Sharma Ji Rai R/o Village-Jamuaon, P.S.-Guthani, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School Kachahari, Anchal-Siwan, District-Siwan 26.

Rangnath Upadhyay Son of Nagendra Charya Upadhyay R/o Village and Post Office-Amvari, P.S.-Raghunathpur, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School Kachahari, Anchal-Siwan, District-Siwan 27.

Dhananjay Kumar Singh Son of Late Gautam Singh R/o Village and Post Office-Sarsar, P.S.-Siwan Mufassil, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Primary School Mirapur (Urdu), Anchal-Siwan Sadar, District-Siwan 28.

Om Prakash Singh Son of Late Kedar Singh R/o Village and Post OfficeSatwar via Mustafabad, Police Station-G.B. Nagar (Tarwara), DistrictSiwan. At present posted and working as an Assistant Teacher in Govt. Middle School Kachahari, Anchal-Siwan, District-Siwan 29.

Guleman Hussain Son of Saiyed Hussain R/o Village and Post OfficeKolhuan, P.S.-Daraunda, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School Phalpura Kanya, AnchalHasanpura, District-Siwan 30.

Lallan Jee Son of Late Jagdish Ram R/o Village-Jhunapur, P.S.-O.P. Mahdewa, District-Siwan. At present posted and working as an Assistant Teacher in Govt. Primary School Khurmabad, Anchal-Siwan, District-Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

The Director Primary Education, Bihar, Patna 4.

The District Magistrate Siwan 5.

The District Education Officer Siwan 6.

The District Programme Officer (Establishment) Siwan 7.

The Block Education Officer Bhagwanpur Hat, District-Siwan 8.

The Block Education Officer Darauli, District-Siwan 9.

The Block Education Officer Daraunda, District-Siwan 10.

The Block Education Officer Siwan, District-Siwan 11.

The Block Education Officer Hasanpura, District-Siwan 12.

The District Treasury Officer Siwan 13.

The District Accounts Officer Siwan

4/5 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Kameshwar Kumar (Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-05-2019 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 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

5/5 terms.

(Mohit Kumar Shah, J) ajay gupta/- U