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Patna High CourtCWJC/6620/2019disposed

Vijay Kumar Singh v. The State Of Bihar

2019-04-04Mr. Justice Mohit Kumar Shah4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6620 of 2019 ====================================================== 1.

Vijay Kumar Singh Son of Late Badri Prasad, resident of Mohalla Khatri Tola Ward No. 12, P.O. and P.S. Daudnagar District Aurangabad and Working as an Assistant Teacher in Govt. Girls Middle School Daudnagar. 2.

Dharmendra Kumar Sri Rishi Kishor Ram, Resident of Village and P.O. Babu Amouna, P.S. Daudnagar, District Aurangabad and working as an Assistant Teacher in Govt. Middle School Manar Daudnagar. 3.

Renu Lata Wife of Sri Vijay Kumar Prasad, Resident of Mohalla New Area Maulabag Ward No. 26 and P.O. and P.S.- Daudnagar, Dist.- Aurnagabad and working as an Assistant Teacher in Govt. Middle School Imamganj Daudnagar.

4.

Anil Kumar Son of Late Hari Prasad Singh, resident at and P.O. Tarar, P.S. Daudnagar, Dist.- Aurnagabad and working as an Assistant Teacher in Middle School, Bhakharuan, Daudnagar.

5.

Md. Wakil Ansari, Son of Md. Rashid Ansari, resident at Lala Amouna, P.O. Tarar, P.S.- Daudnagar, District- Aurangabad and Working as an Assistant Teacher in Middle School Akauni, Daudnagar.

6.

Ramsharan Yadav Son of Ramshay Yadav, resident of Village Nirpura, P.O. Akauna, P.S. Goh, District- Aurangabad and Working as an Assistant Teacher in Govt. Primary School, Nirpura, P.S. Goh, Aurnagabad. 7.

Jitendra Kumar, Son of Deep Narayan Singh, resident of Village Raghu Bigha, P.O. Sansa, P.S.- Daudnagar, District- Aurangabad and Working as an Assistant Teacher in Govt. Middle School No. 2, Daudnagar, Aurangabad. 8.

Suresh Prasad Son of Late Ramdas Singh, resident of Village Ankorha, P.O. Pilchhi, P.S.- Daudnagar, District- Aruangabad and Working as Headmaster in Govt. Middle School, Mima, Daudnagar, Aurangabad. 9.

Ramanuj Kumar Suman Son of Kamlesh Kumar Suman, resident of Village Karmahi, P.O. Sansa, P.S.- Daudnagar, District- Aurangabad and working as an Assistant Teacher in Middle School Simrabag, Daudnagar, Aurnagabad. 10.

Baban Prasad, Son of Jethan Gahlaut, resident of Village and P.O. Latta, P.S.- Pauthu, District Aurangabad and working as an Assistant Teacher in Middle School, Achuki, Rafiganj, Aurangabad.

11.

Chhotan Ram, Son of Jethan Ram, resident of Village and P.O. Latta, P.S.- Pauthu, District Aurangabad and working as an Assistant Teacher in Middle School, Beri, Rafiganj, Aurangabad.

12.

Sanjay Kumar Son of Ramdas Sharma Resident of Village and P.O. Arai, P.S.- Daudnagar, District- Aurangabad and working as an Assistant Teacher in Middle School Birai, Daudnagar.

13.

Vijay Kumar, Son of Late Dudheshwar Ram, resident of Village and P.O. Shamshernagar, P.S.- Daudnagar, District- Aurangabad and working as Headmaster in Middle School, Chauri, Daudnagar, Aurangabad. 14.

Rajnish Kumar Son of Krishna Nandan Sharma, Resident of Village and P.O. Arai, P.S.- Daudnagar, District Aurangabad and working as an Assistant Teacher in Primary School, Piprahi, Goh, Aurangabad.

2/4 15.

Suryakant Pandey, Son of Suristha Pandey Resident of Village- Gordiha, P.O. Sansa, P.S. Daudnagar, District Aurnagabad and Working as an Assistant Teacher in Govt. Urdu Middle School Udaybhan Chak, Haspura, Aurangabad.

16.

Md. Israr Ansari Son of Late Md. Uman Resident of Village Ararua Khurd, P.O. and P.S. Hariharganj, District Palamu (Jharkhand) and Working as a Headmaster in Govt. Middle School Mohammadpur, Daudnagar. 17.

Kashi Nath Prasad Son of Nageshwar Prasad, resident at Patwa Toli, Ward No. 17, P.S.- Daudnagar, District- Aurangabad and working as an Assistant Teacher in Middle School, Khairadeep, Daudnagar, Aurangabad. 18.

Manoj Kumar Son of Late Pundeo Singh, Resident of Village and P.O. Kanap, P.S. Daudnagar, District Aurangabad and working as an Assistant Teacher in Middle School, Purwari Tola, Kanap, Daudnagar, Aurangabad. 19.

Ashok Kumar, Son of Gupteshwar Singh, resident of Village and P.O. Babu Amouna, P.S.- Daudnagar, District- Aurnagabad and working as an Assistant Teacher (graduate trained) in Middle School, Khaira, Daudnagar, Aurangabad.

20.

Ravindra Kumar, Son of Late Dhaneshwar Prasad, resident at Shuk Bazar, Ward No. 12, P.O. and P.S.- Daudnagar, District Aurangabad and working as a Headmaster in Upgraded Middle School Nandlal Bigha, Daudnagar, Aurangabad.

21.

Vijoy Kumar Son of Late Bhaglo Sinha, resident of Ramnagar, Ward No. 16, P.O. and P.S. Daudnagar, District Aurangabad and working as a Headmaster in Upgrade Middle School, Keshrari, Daudnagar, Aurangabad. 22.

Rajesh Kumar Son of Late Ramgati Ram, resident of Village Jamuhara, P.O.- Chechadhi, P.S.- Obra, District Aurangabad and Working as a Hadmaster in Upgrade Middle School, Dhangain, Barun, Aurangabad. 23.

Bindhyachal Chaudhary, Son of Late Munshi Chaudhary, resident at Kucha Gali, P.O. and P.S. Daudnagar, District Aurangabad and working as a Headmaster in Rashrity Middle School Daudngar, Aurangabad. 24.

Shukdeo Ram Son of Late Rajgir Ram, resident of Ambedkar Nagar, Purana Shahar, Ward No. 03, Daudnagar, Aurangabad and working as a Headmaster in Upgraded Middle School, Mahawar, Daudnagar, Aurangabad. 25.

Dayanand Pawan, Son of Late Kamta Ram, Resident of Afim Kothi, Ward No. 24, P.S.- Daudnagar, District Aurangabad and working as a Headmaster in Upgraded Middle School, Jamuhara, Obra, Aurangabad. 26.

Ambuj Kumar Singh Son of Late Meghnath resident of Akbarpur, Shamsher Nagar, P.S. Daudnagar, District- Aurangabad and working as a Headmaster in Upgrade Middle School, Purwari Tola, Kanap , Daudnagar, Aurangabad. 27.

Ravi Shankar Pathak Son of Kamlesh Pathak, Resident of Village and P.O. Kanap, P.S. Daudnagar, District Aurangabad and working as an Assistant Teacher in Middle School, Haspura, Aurangabad. 28.

Ushakant Bachan, Son of Radhakant Sharma, Resident of Village and P.O. Shamshernagar, P.S. Daudnagar, District Aurangabad and working as a Headmaster in Middle School Balahma, Daudnagar, Aurangabad. 29.

Naresh Ram, Son of Sheo Nandan Ram, Resident of Vilage and P.O. Akauni,

3/4 P.S.- Daudnagar, District- Aurangabad and working as an Assistant Teacher in Middle School Kalen, Obra, Aurangabad.

30.

Ashok Kumar Son of Late Ram Ishwar Ram, Resident of Village Nirakhpur, P.O. Koilwan, P.S. Haspura, District Aurangabad and working as a Headmaster in Govt. Middle School, Abdulpur, Rafiganj, Aurangabad. 31.

Shyam Nandan Vishwakarma Son of Late Babulal Vishwakarma, resident of Village and P.O. Buxar Pratap P.S. Bandeya Goh, District- Aurangabad and working as an Assistant Teacher in Govt. Urdu Middle School, Wasaratpur, Rafiganj, Aurangabad.

32.

Ram Kumar Prasad, Son of Mahadeo Prasad, Resident of Village Rajapur, P.O.- Bukundi, P.S.- Goh, District- Aurangabad and working as an Assistant Teacher in Govt. Middle School, Simwan, Rafiganj, Aurangabad. 33.

Dhirendra Kumar Son of Gulab Chand Ram, resident of Village Panduki, P.O. Munjhara, P.S.- Goh, District- Aurangabad and working as an Assistant Teacher in Govt. Middle School, Ghanto , Goh, Aurangabad. 34.

Lagandeo Paswan, Son of Bindeshwar Paswan, resident of Village Birhara, P.O. Purhara, P.S. Haspura, District- Aurangabad and working as a Headmaster in Govt. Middle School, Deokund, Haspura. 35.

Dilip Kumar Singh Son of Late Birendra Narayan Singh, resident of Mohalla Mahuabag P.O. Dhanaut P.S. Rupaspur District Patna at Present Headmaster Upgraded Middle School Khairadwip, P.S. Daudnagar, DistrictAurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Human Resources Development Department, Bihar.

2.

Director (Primary Education) Bihar, Ministry of Human resources Development Department, Bihar, Patna.

3.

Deputy Development Commissioner cum Chairman Establishment Committee Aurangabad.

4.

District Education Officer, Aurangabad.

5.

District Programme Officer, Aurangabad.

6.

Drawing Disbursing Officer cum Headmaster Thakur Middle School, Daudnagar, District- Aurangabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2019 The learned counsel for the petitioners submits that

4/4 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. 4 shall examine the case of the petitioner 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. 4 to examine the case of the petitioner 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 petitioner 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 petitioner 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