Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5079 of 2022 ====================================================== 1.

Santosh Kumar S/o - Sri Anirudh Paswan R/o Village - Biro P.O. and P.S. - Kudra, District- Kaimur at Bhabhua at present posted as Panchayat Teacher at Newly Created Government Primary School Ramgarh, Block - Dinara, District- Rohtash at Sasaram.

2.

Vishwanath Paswan S/o - Sri Ram Paswan R/o Village and P.O. and P.S. - Kochas, District- Rohtash at Sasaram at present posted as Block Teacher at Urdu Middle School Shekh Bahuara, Block - Kochas, District- Rohtash at Sasaram.

3.

Jay Prakash Paswan S/o - Tuphani Paswan R/o Village - Sahpur Kadai, P.O. and P.S. Kudra, District- Kaimur at Bhabhua at present posted as Panchayat Teacher at Government Primary School Gongadhi, Block - Dinara, DistrictRohtash at Sasaram. 4.

Nilam Kumari W/o - Nirmal Kumar Azad R/o Village - Baradhi, (SK) P.S. - Dinara, District- Rohtash at Sasaram at present posted as Block Teacher, at Government Middle School Chibila, Block - Dinara, District- Rohtash at Sasaram.

5.

Kanti Kumari W/o Babudham Singh R/o Village - Sohda, P.O.a nd P.S. Kachhawa, District- Rohtash at Sasaram at present posted as Panchayat Teacher at Newly Created Government Primary School Tadwa, Rampur, Bharheta, Block - Karakat, District- Rohtash at Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

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

3.

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

4.

The District Education Officer, Rohtas, District- Rohtas at Sasaram. 5.

The District Programme Officer, Establishment (Education), Rohtas, District- Rohtas at Sasaram.

6.

The Block Development Officer, Cum- Secretary, Block Teacher Employment Unit, Dinara, District- Rohtas at Sasaram. 7.

The Block Development Officer - Cum- Secretary, Block Teacher Employment Unit, Kochas, Block - Kochas, District- Rohtas at Sasaram. 8.

The Block Development Officer, Karakat, District- Rohtas at Sasaram. 9.

The Block Education Officer, Dinara, District- Rohtas at Sasaram. 10.

The Block Education Officer, Kochas, District- Rohtas at Sasaram. 11.

The Block Education Officer, Karakat, District- Rohtas at Sasaram. 12.

The Panchayat Secretary, Cum - Member - Secretary, Panchayat Teacher Employment Unit, Surao, Block - Dinara, District- Rohtas at Sasaram.

Patna High Court CWJC No.5079 of 2022(3) dt.07-05-2024 2/3 13.

The Panchayat Secretary - Cum- member, Secretary panchayat Teacher Employment Committee Saisar, Block - Dinara, District- Rohtas at Sasaram. 14.

The Panchayat Secretary - Cum- Secretary, Panchayat Employment Unit, Amauna, Block - Karakat, District- Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar, Adv.

For the Respondent/s :

Mr.Jitendra Kumar Roy 1, SC-13 Mr. U.K. Singh, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-05-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. Learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the order passed by a Co-ordinate Bench of this Court in Amarnath v. The State of Bihar & Ors in CWJC No. 10326 of 2018 dated 18.07.2019.

3. Having heard learned counsel for the parties and taking into consideration the submissions, the writ petition is disposed with liberty to the petitioners to approach the Respondent No.5/The District Programme Officer, Establishment (Education), Rohtas by filing a representation within a period of two weeks, the respondent no. 5 shall dispose of the same after affording opportunity of personal hearing or through their counsel by passing a reasoned and a speaking order, in accordance with law, within a period of eight weeks, thereafter.

Patna High Court CWJC No.5079 of 2022(3) dt.07-05-2024 3/3

4. If it is found that the case of the petitioners is covered by the Amarnath, then similar benefits shall be granted to the petitioners.

5. Respondent no. 5 shall be solely liable for noncompliance of this order within the stipulated period.

6. The writ petition stands disposed of on the aforesaid terms.

(Anjani Kumar Sharan, J) devendra/- U