Soni Kumari @ Soni Jha @ Soni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5907 of 2020 ====================================================== 1.

Soni Kumari @ Soni Jha @ Soni Devi D/O - Tej Nayaran Jha, W/ONarendra Jha, Resident of village - Muraitha, P.S.- Jale, District- Darbhanga. 2.

Iftar Alam @ Iftekhar Alam, S/O- Aziz Alam, Resident of village - Lougua, P.S.- Abadpur, District, Katihar.

3.

Rahima Khatoon @ Rohima Khatun, W/O- Iftehkhar Alam @ Iftekhar Alam, Resdient of village - Lougua, P.S.- Abadpur, District- Katihar. 4.

Md. Maskhoor Ahmad, S/O- Md. Raisuddin, Resident of village - Shikarpur, P.O.- Mahinagar, P.S.- Balia, District- Katihar. 5.

Md. Tahzeeb Alam, S/O- Abdul Lalif, Resident of village - Madhepur, P.S.- Balrampur, District- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Addl. Chief- Secretary, Education Department, Government of Bihar, Patna.

2.

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

3.

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

4.

The District Magistrate, Katihar.

5.

The District Magistrate, Darbhanga.

6.

The District Education Offier, Darbhanga.

7.

The District Education Officer, Katihar.

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

For the Petitioner/s :

Mr. Ravi Prakash Dwivedi, Advocate For the Respondent/s :

Mr. Shankar Kr. Thakur, AC to GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 13-12-2021 Heard the learned counsels for the parties.

2. In the instant petition, petitioners have prayed for following reliefs:- "a. For issuance of any appropriate writ/writs, rule or direction

Patna High Court CWJC No.5907 of 2020 dt.13-12-2021 2/3 especially in the nature of mandamus, directing the respondents authority to absorb the petitioners on the post of Class-III to Class-IV under the Employment of State Government as the petitioners are Ex-instructors or nonformal education including the other several grounds as respondents authorities have already absorbed the non-formal Education Supervisors on Class-III post in the light of order passed by this Hon'ble Court.

b. For issuance of any approach writ/writs, rule or direction especially in the nature of mandamus directing the respondents to give treat as the case of other several similar situated has been considered by this Hon'ble Court as well as by the Hon'ble Court.

c. For issuance of any appropriate writ/writs, rule or directions as this Hon'ble Court may found fit and proper to the facts and circumstances of the case as well as for which these petitioners may be found entitled thereto."

3. Question for consideration in the present petition is whether petitioners are entitled to be absorbed on the post of Class-III or Class-IV under the employment of the State Government with reference to the fact that the petitioners are said to be ex-instructors of non-formal education.

Patna High Court CWJC No.5907 of 2020 dt.13-12-2021 3/3

4. The concerned respondent is hereby directed to pass speaking order as to whether petitioners are entitled to be absorbed on the post of Class-III or Class-IV, in the light of Apex Court's decision in case of Secy., State of Karnataka V. Uma Devi reported in (2006)4 SCC page 1 passed in CWJC No. 16 of 2021 read with full bench decision in case of Ram Sevak Yadav & Another Vs. The State of Bihar & Others reported in 2013(1) PLJR 964 passed in CWJC No. 267 & 472 of 2010 within a period of three months from the date of receipt of this order.

5. With the above observations, the instant petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 15.12.2021 Transmission Date