Rajesh Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5984 of 2020 ====================================================== 1.

Rajesh Prasad Gupta Son of Shri Bindhyachal Prasad Resident of VillageNawada Ara, Post Office-Ara, Police Station-Nawada Ara, District Bhojpur. At Present residing at 92 Green Hotel, Nawada Chow, District-Bhojpur, Ara. at Present Postedand Working as a teacher in Govt. Adarsh Middle School, Block-Ara Nagar, District-Bhojpur.

2.

Om Prakash Singh Son ofLate Kanhaiya Singh Resident of Mohalla-Gadna Road, Ara, Post Office-Ara, PoliceStation-Nawada Ara, District-Bhojpur, At Present Posted and Working as a Teacher in Govt. Upgraded Middle School, Godhna, Block-Udwant Nagar, District-Bhojpur. 3.

Sanjay Kumar Kharwar Son of Late Ayodhya Kharwar, Daughter of Late Ram Nandan Paswan, Resident of Mohalla-Godna Road, Ara, Post OfficeAra, Police Station-Nawada Ara, District-Bhojpur, at Present Posted and Working as a Teacher in Indra Aawas Primary School Godna Mushar Toli, Block-Udwant Nagar, District-Bhojpur.

4.

Madhuri Kumari Daughter of Late Kedarnath Ram Resident of MohallaGodna Road, Ara, Post Office-Ara, Police Station-Nawada Ara, DistrictBhojpur. at Present Posted and Working as a Teacher in Govt. Upgraded Middle School Bahiro, Block-Ara Town, District-Bhojpur 5.

Sanjay Kumar Keshri Son of Late Ramchandra Praasd Resident of VillageMaulabagh, Post Office-Ara, Police Station-Nawada Ara, District-Bhojpur. at Present Posted and Working as a Teacher in Govt. Primary School Pakariyabar, Block-Udwant Nagar District-Bhojpur. 6.

Ramashray Singh, Son of Dwarika Singh, Resident of Village- Manaini, Post Office- Maghiaow, Police Station-Charpokhari, District-Bhojpur. At present posted and workin as a Teacher in Govt. Primary School Chaurasani BlockUdwant Nagar, District-Bhojpur. 7.

Harish Kumar, Son of Late Nimbu Lal, Resident of Village-Pakari, Post Office- Ara, Police Station- Nawada, District- Bhojpur. At present posted and working as a Teacher in Govt. Upgraded School Bampali, BlockUdwang Nagar, District- Bhojpur. 8.

Ramesh Kumar Son of Late Balrup Ram, Resident of Village-Sahejani, Post Office- Hasan Bazar, Police Station- Piro, District- Bhojpur. At present posted and working as a Teacher in Govt. Middle School Khanani Kala, Block- Piro, District- Bhojpur.

9.

Daya Shankar Roy Son of Sri Ram Pravesh Resident of Village-Haprapar, Post Office-Farna, Police Station- Barhara, District- Bhojpur. At present posted and working as a Teacher in Govt. Upgraded Middle School Milki, Block- Udwang Nagar, District- Bhojpur.

10.

Amarendra Kumar Singh Son of Sri Yamuna Singh Resident of VillageTenduni, Post Office- Tenduni, Police Station- Jagdishpur, District- Bhojpur. At present posted and working as a Teacher in Govt. Upgraded Middle School Bankat, Block- Agiaon, District- Bhojpur. 11.

Om Prakash Singh Son of Late Ramashish Singh, Resident of Village-Digha Tola, Post Office- Tenduni, Police Station- Jagdishpur, District- Bhojpur. At

2/7 present posted and working as a Teacher in Govt. Upgraded Middle School Nawadah Patariya, Block- Sahar, District- Bhojpur. 12.

Anil Kumar Singh Son of Hridyanand Singh, Resident of 378, Anil Bhawan, East of Thakurbari, N.H.30, Anaith, Police Station- Nawada, DistrictBhojpur. At present posted and working as a Teacher in Balak Middle School, Block- Udwang Nagar, District- Bhojpur. 13.

Ashraf Ali Son of Gulam Mohammad, Resident of Village-Barhabtara, Post Office and Police Station- Ara Nagar, District- Bhojpur. At present posted and working as a Teacher in Govt. urdu Middle School Barhabtara, BlockAra Nagar, District- Bhojpur. 14.

Dharikshan Das Son of Late Baijnath Das Resident of Village and Post Office and Police Station- Sahar, District- Bhojpur. At present posted and working as a Teacher in Primary School Barhabtara, Block- Ara Nagar, District- Bhojpur.

15.

Md. Ashfak Ali Son of Md. Yushuf Ali, Resident of Village-Kali Tola, Post Office and Police Station- Ara Nagar, District- Bhojpur. At present posted and working as a Teacher in Govt. Urdu Middle School Barhabtara, BlockAra Nagar, District- Bhojpur. 16.

Ritesh Kumar Mehta Son of Late Kamta Prasad Resident of MohallaNawada Road, Ara, Post Office- Ara, Police Station- Nawada, DistrictBhojpur. At present posted and working as a Teacher in Govt. Upgraded Middle School Milki Block- Udwang Nagar, District- Bhojpur. 17.

Sunil Prasad, Son of Late Kamta Prasad Resident of Mohalla-Nawada Road, Ara, Post Office- Ara, Police Station- Nawada, District- Bhojpur. At present posted and working as a Teacher in Govt. Middle School Udwant Nagar, District- Bhojpur.

18.

Dharmshila Devi daughter of Late Lalji Bhagat, Resident of Mohalla-Jai Hind Colony, K.G. Road, Ara, At presented posted and working as an Assistant Teacher in Govt. Amar Adarsh Middle School Ramgarhiya, BlockAra, District- Bhojpur. 19.

Ajay Kumar Son of Sri Shiv Narayan Ram, Resident of Village- Ratmarh, Post Office-Ratmarh, Police Station- Garhani, District- Bhojpur. At present posted and working as a Teacher in Govt. Middle School Dumaria, BlockTarari, District- Bhojpur. 20.

Sangita Kumari daughter of Late Ram Nihora Singh Resident of MohallaRamgahriya, Police Station- Town, District- Ara. At presented posted and working as an Assistant Teacher in Govt. Amar Adarsh Middle School Ramgahriya, Block- Ara, District- Bhojpur.

21.

Ravi Ranjan Srivastava Son of late Nathuni Singh Resident of MohallaRamgahriya Ara, P.S.- Town, District- Ara. At present posted and working as an Assistant Teacher in Primary School Gaushganj, Block- Ara, DistrictBhojpur. 22.

Bijendra Sharma Son of Shivnandan Sharma, Resident of Village-Lodipur, Post Office- Khangaon, District-Bhojpur. Assistant Teacher in Govt. Middle School Japura Tapa, Block- Koilwar, District- Bhojpur. 23.

Kaushalesh Kumar Pathak Son of Raj Kumar Pathak, Resident of VillageKatai Bojh, Ward No 3, Mannu Dehri, Bhojpur. At present posted and

3/7 working as a Teacher in Govt. Upgraded Middle School Hetampur, BlockJagdishpur, District- Bhojpur. 24.

Sunil Kumar Ram Son of Ram Ayodhya Ram Resident of Mohalla-Moti Jhil, Piprahiya Road, Anand Nagar, Bhojpur, Ara. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Chanda, Block- Ara Muffasil, District- Bhojpur.

25.

Rashmi Gupta Wife of Daya Shankar Prasad, Resident of Village-Pakari, Post Office-Ara, Police Station- Nawada Ara, District- Bhojpur. At present posted and working as a Teacher in Gurunanak Abhayasarth Govt. Middle School Maulabagh, Block- Ara, District- Bhojpur. 26.

Renu Kumari Wife of Baliram Prasad, Resident of Village-Pakari, Post Office-Ara, Police Station- Nawada Ara, District- Bhojpur. At present posted and working as a Teacher in Govt. Primary School Pakari, Block- Ara, District- Bhojpur.

27.

Rajesh Kumar Singh Son of Raj Darshan Singh Resident of Village-Lal Bihari Singh Tola, Post Office-Baulipur, Police Station- Behea, DistrictBhojpur. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Ratandih, Seshatola, Block- Jagdishpur, DistrictBhojpur. 28.

Yogendra Prasad Son of Late Kamta Prasad, Resident of Village-Nayka Toal More, Jagdishpur, Post Office and Police Station- Jagdishpur, DistrictBhojpur. At present posted and working as an Teacher in Govt. Sanskrit Middle School Jagdishpur, District- Bhojpur.

29.

Deo Kumar Ram Son of Late Baijnath Ram Resident of Village and Post Office-Dalilpur, Police Station-Dhangai, District-Bhojpur. at Present Posted and Working as a Teacher in Govt. Middle School Masurhi Jagdishpur, District-Bhojpur.

30.

Md. Sabir Son of Late Md. Diljan Ansari, Resident of Village and Post Officer and Police Station-Jagdishpur, District-Bhojpur. at Present Posted and Working as a Teacher in Govt. Urdu Middle School Jagdishpur, BlockJagdishpur, District-Bhojpur. 31.

Shreekant Singh Son of Sri Kamta Prasad Singh, Resident of VillageMuzharpur, Post Office-Parsiya, Police Station-Jagdishpur, District-Bhojpur. at Present Posted and Working as a Teacher in Govt. Kanya Primary School Masurhi Block-Jagdishpur, District-Bhojpur.

32.

Md. Aslam Son of Abdul Rashid Ansari Resident of Village and Police Station-Jagdishpur, District-Bhojpur. at Present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Khapatakha, BlockJagdishpur, District-Bhojpur. 33.

Kaushal Kumar Son of Shambhu Nath Prasad Resident of Village and Post Office and Police Station-Jagdishpur,District-Bhojpur. At Present Posted and Working as a Teacher in Govt. Middle School No. 1 Jagdishpur, BlockJagdishpur, District-Bhojpur. 34.

Md. Rashid Ansari Son of Abdul Matin Ansari, Resident of VillageJagdishpur, Ward No. 1, Bhojpur. At Present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Angaruan, Block -Jagdishpur, District-Bhojpur.

4/7 35.

Md. Shahid Son of Abdul Matin Ansari, Resident of Village-Mahadeva, Ward NO.1, Jagdishpur, Bhojpur. At Present Posted and Working as a Teacher in Govt. Upgraded Middle School Dulaur, Block- Jagdishpur, District-Bhojpur.

36.

Mordhawaj Prasad Son of Late Mahanand Ram Resident of Village-Gidha, Post Office-Gidha, Police Station-Koilwar, District-Bhojpur. At Present Posted and Working as a Teacher in Govt. Middle School Farhangpur, Block-Barhara, District-Bhojpur.

37.

Jagmohan Son of Sri Lal Babu Gond, Resident of Village-Chandi, Post Office-Narhi Chandi, POlice Station-Chandi, District-Bhojpur. At Present Posted and Working as a Teacher in Govt. Middle School Sinha Barhara, Block-Barhara, District-Bhojpur.

38.

Sushila Kumari Wife of Mrityunjay Kumar Prabhat, Resident of MohallaNorth Nawada Chowk, South of Maharaja College, Ara, Police StationNawada Ara, District-Bhojpur. At Present Posted and Working as a Teacher in Govt. Primary School Jawahar Tola Ara, Block-Ara, District-Bhojpur. 39.

Mritunjay Kumar Prabhat Son of Bhikhari Singh, Resident of North Nawada, South of Maharaja College, Bhojpur, Ara. At Present Posted and Working as an Assistant Teacher in Kanya Middle School Udwantnagar, Block-Udwantnagar District-Bhojpur.

40.

Sarvesh Ram Son of Late Jhagru Ram, Resident of Village and Post Office and Police Station-Brahampur, District-Buxar. At Present Posted and Working as a Teacher in Govt. Upgraded Middle School English Tola, Block-Ara Muffasil Dakshin, District-Bhojpur. 41.

Krishna Mohan Son of Raghunandan Ram Resident of Village-Dhandiha, Bhojpur, Ara. At Present Posted and Working as an Assistant Teacher in Govt. Kanya Middle School Sandesh, Block- Sandesh, District-Bhojpur. 42.

Ramesh Kumar Ram Son of Sri Basant Lal, Resident of Village-Bhopatpur, Post-Bhopatpur, District-Bhojpur.At Present Posted and Working as an Assistant Teacher in Govt.Upgraded Middle School Pachaina Bazar, BlockKoilwar, District-Bhojpur. 43.

Satyendra Kumar Ram Son of Ram Bilash Ram Resident of VillageMahkampur, Post Office-Bishunpura Dumariya, District-Bhojpur. At Present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Panditpur Barhara, Block-Barhara, District-Bhojpur. 44.

Ravishanker Son of Rangila Sao, Resident of Village and Post OfficeKhawaspur, Police Station-Barhara, District-Bhojpur. At Present Posted and Working as an Assistant Teacher in Govt.Upgraded Middle School Janki Bazar Khawaspur, Block-Barhara, District-Bhojpur. 45.

Dhananjay Kumar Dhiraj Son of Late Ramsakal Singh Resident of VillageGovind Tola Piro, Bhojpur, Post Office-Bamhwar, Police Station-Piro District-Bhojpur. At Present Posted and Working as a Teacher in Govt. Primary School Kalyanpur, Block-Udwant Nagar, District-Bhojpur. 46.

Brij Kumar Rai Son of Ramji Rai Resident of Village-Guljarpur, Post Office, Guljarpur Sahar, District-hojpur. At Present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Salempur, BlockKoilwar, District-Bhojpur.

5/7 47.

Bishwmohan Bhaskar Son of Raghunandan Ram, Resident of VillageGhandiha, Post Office-Koilwar, Police Station-Kiolwar, District-Bhojpur. At Present Posted and Working as a Teacher in Govt. Middle School Farhangpur, Block-Barhara, District-Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Additional Chief Secretary-Cum-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, Bhojpur.

6.

The District Programme Officer (Establishment) Bhojpur. 7.

The Block Education Officer, Ara Nagar, District-Bhojpur. 8.

The Block Education Officer, Jagdishpur, District-Bhojpur. 9.

The Block Education Officer, Udwant Nagar, District-Bhojpur. 10.

The Block Education Officer, Piro, District-Bhojpur. 11.

The Block Education Officer, Koilwar, District-Bhojpur. 12.

The Block Education Officer, Ara Nagar, District-Bhojpur. 13.

The Block Education Officer, Tarari, District-Bhojpur. 14.

The Block Education Officer, Barhara, District-Bhojpur. 15.

The Block Education Officer, Ara Muffasil, District-Bhojpur. 16.

The Block Education Officer, Sandesh, District-Bhojpur. 17.

The Block Education Officer, Sahar, District-Bhojpur 18.

The District Accounts Officer, Bhojpur.

19.

The District Treasury Officer, Bhojpur.

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

For the Petitioner/s :

Mr.Umesh Kumar Mishra, Advocate.

Mr. Vinay Kumar Mishra, Advocate.

For the Respondent/s :

AC to AAG-15.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-05-2025 Heard learned counsel appearing on behalf of the petitioners and learned counsel for the State.

2. Learned counsel appearing on behalf of the

6/7 petitioners submitted that the petitioners seek to avail remedy before the Additional Chief Secretary, Education Department, Government of Bihar, Patna for considering their case in light of L.P.A. No. 756 of 2015 (State of Bihar and Ors. Vs. Ram Ashis Tiwari and Ors.), which has been followed in C.W.J.C. No. 9156 of 2020.

3. In view of the above submission made on behalf of the petitioners, the petitioners, if so advised, may file their individual representation before the Additional Chief Secretary, Education Department, Government of Bihar, Patna along with all the required documents which are in their favour.

4. Without going into the merits of the case and without interfering with the impugned order contained in Memo No. 487 dated 05.02.2019, the Additional Chief Secretary, Education Department, Government of Bihar, Patna is directed to consider the case of the petitioners in light of L.P.A. No. 756 of 2015 (State of Bihar and Ors. Vs. Ram Ashis Tiwari and Ors.). In case the District Programme Officer (Establishment) has committed any mistake in passing the order contained in Memo No. 487 dated 05.02.2019, the same can be rectified by the Additional Chief Secretary after giving due opportunity of hearing to the respective parties well within a period of three months.

7/7

5. With the above observation and direction, the writ petition stands disposed of.

(Purnendu Singh, J) mantreshwar/- U