Rakesh Kumar Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5364 of 2020 ====================================================== 1.

Rakesh Kumar Ojha Son of Late Banshi Dhar Ojha, working as clerk in Yadav Vidyapeeth Plus two High School, at Maulabag, P.S.-Nawada, District-Bhojpur.

2.

Kamla Kumari, Wife of Late Surendra Prasad, working as clerk in H.N. Ksha Plus two High School at Ara, P.S.-Nawada, District-Bhojpur. 3.

Ashok Kumar Singh, Son of Late Nand Kishore Singh, working as clerk in Plus two Janta High School at Baligaon, P.S.-Ayar, District-Bhojpur. 4.

Suryabali Singh, Son of Late Jagadish Singh, working as clerk in High School Jadopur, P.S.-Tiyar, District-Bhojpur. 5.

Mritunjay Kumar Singh, Son of Late Balram Singh, working as clerk in Plus two High School at Bihiya, P.S.-Bihiya, District-Bhojpur. 6.

Ezajul Haque, Son of Late Sarfarazul Haque, working as clerk in Plus two High School at Bihiya, P.S.-Bihiya, District-Bhojpur. 7.

Deepak Kumar, Son of Late Bhola Singh, working as clerk in High School at Agiaon Bazar, P.S.-Agiaon Bazar, District-Bhojpur. 8.

Surendra Prasad Gupta, Son of Late Bhuneshwar Prasad Gupta, working as Clerk in Rampyari Smarak plus two High School, At and P.S.-Sikrahata, District-Bhojpur.

9.

Manoj Kumar, Son of Late Deeplal Prasad, working as clerk in plus two High School Gajiyapur, P.S.-Krishna Garh, District-Bhojpur. 10.

Md. Shahbaz Falak, Son of Late Eshrar Ahmed, working as clerk in Saryu Vidyamandir, At Semraon P.S. Charpokhari, District-Bhojpur. 11.

Kamlesh Sharma, Son of Late Mahendra Sharma, working as clerk in Amirchand Girls plus two School at Ara, P.S.-Town, District-Bhojpur. 12.

Manoj Kumar Madhukar, Son of Late Bhola Nath Ram, working as clerk in SBSB plus two High School at Kasap, P.S.-Udawant Nagar, DistrictBhojpur. 13.

Md. Gulsher Alam, Son of Late Md. Sirajuddin, working as clerk in R.N. plus two High School at Birampur, P.S.-Koilwar, District-Bhojpur. 14.

Veena Tiwari, D/o Late Narwadeswar Tiwari, working as clerk in Town plus two High School at Ara, P.S.-Town, District-Bhojpur. 15.

Bipin Bihari Tiwari, Son of Late Sheo Shankar Tiwari, working as clerk in High School at P.S.-Agiaon Bazar, District-Bhojpur. 16.

Dhirendra Kumar Upadhyay, Son of Late Ram Prapanna Upadhyay, working as clerk in D.N. plus two High School at Kahathu Masurhi, P.S.-Jagdishpur, District-Bhojpur.

17.

Anand Prakash, Son of Dharmdeo Tiwari, working as clerk in KVM plus two High School at Chhota Sasaram, P.S.-Udwant Nagar, District-Bhojpur. 18.

Kumar Parshuram, Son of Late Bhuneshwar Singh, working as clerk in plus two High School Katar Hasan Bazar, P.S.-Piro, District-Bhojpur. 19.

Manoj Kumar Goswami, Son of Late Gupteshwar Goswami, working as

Patna High Court CWJC No.5364 of 2020(2) dt.04-03-2021 2/3 clerk in High School at Jhauan Benwalia, P.S.-Bihiya, District-Bhojpur. 20.

Md. Arman, Son of Late Abdul Mannan, working as clerk in plus two High School Bakhriyar, P.S.-Ara Mufassil, District-Bhojpur. 21.

Santosh Kumar Singh, Son of Late Muneshwar Singh, working as clerk in S.B. plus two High School at Maulabag, P.S.-Nawada, District-Bhojpur. 22.

Churchil Tagore, Son of Rajendra Prasad Singh, working as clerk in Project Girls High School at and P.S.-Charpokhari, District-Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director (Secondary Education), Govt. of Bihar, Patna.

2.

The Director, Secondary Education, Govt. of Bihar, Patna. 3.

The Regional Deputy Director of Education, Patna. 4.

The District Education Officer, Bhojpur, Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amaresh Kumar Singh, Advocate For the Respondent/s :

Mr. Ashutosh Ranjan Pandey (AAG-15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-03-2021 Heard learned counsel for the petitioners and the respondents.

Learned counsel for the petitioners submits that the issue involved in the writ application is no more res integra, in fact the matter was settled in L.P.A. No. 167 of 2016 and following the decision of the L.P.A. Court in L.P.A. No. 167 of 2016, several writ applications including C.W.J.C. No. 23243 of 2019 were disposed of vide order dated 10.12.2019. Relevant part of the order

Patna High Court CWJC No.5364 of 2020(2) dt.04-03-2021 3/3 is quoted herein below:- "This writ application is accordingly disposed of with the same observations and directions as present in the aforesaid orders dated 03.10.2018 in CWJC No. 17151 of 2018 and 23.06.2017 in LPA No. 167 of 2016. Consequently, it is directed that the petitioners shall be paid the benefits in the scale of Rs.4000-6000 with retrospective effect from the dates of their respective appointment. As observed in the Division Bench decision in LPA No. 167 of 2016, it is observed that the arrears of the petitioners shall be granted with effect from the date they filed the writ application before this Court on 23.11.2019."

In order to maintain consistency, the present writ application is also disposed of with similar terms. (Anil Kumar Upadhyay, J) Shageer/- U