Shahnaj Begam And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16058 of 2014 ====================================================== 1.

Shahnaj Begam, W/o Md. Nuran, resident of Village- Govindri, P.S.- Kundwa Chainpur, District- East Champaran 2.

Smt. Meena Kumari, Wife of Ram Naresh Prasad, resident of VillageMirpur, P.S.- Chiraiya, District- East Champaran 3.

Urmila, W/o Raghunath Prasad, resident of Village- Mirpur, P.S.- Chiraiya, District- East Champaran 4.

Ishwar Prasad Sharma, S/o Mahadeo Shah, resident of Village- Mirpur, P.S.- Chiraiya, District- East Champaran 5.

Prema Kumari, D/o Moti Lal Sah resident of Village- Mirpur, P.S.- Chiraiya, District- East Champaran 6.

Bijay Prasad, S/o Late Vishwanath Prasad, resident of Village- Mirpur, P.S.- Chiraiya, District- East Champaran 7.

Awanish Kumar Mishra, S/o Shiva Kant Mishra, resident of Village- Izra, P.S.- Sangrampur, District- East Champaran 8.

Parasnath Pandey, S/o Late Rajendra Pandey, resident of Village- Panditpur, P.S.- Pipra Kothi, District- East Champaran 9.

Lalbabu Singh, S/o Ramashray Singh, resident of Village- Amar Chhatauni, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar through its Commissioner-cum-Secretary, Education Department, Government of Bihar, Patna 2.

The Commissioner-cum-Secretary, Education Department, Government of Bihar, Patna 3.

The Director, Mass Education, Government of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 22-11-2022 Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):-

Patna High Court CWJC No.16058 of 2014 dt.22-11-2022 2/3 "(i) For issuance of any appropriate writ or writs especially in the nature of mandamus commanding and directing the respondents concerned to observed the petitioners on the post of Class-III under the respondents state as the petitioners are ex-instructor of adult and non formal educations on several grounds including that the state grounds including that the state government has decided to absorb the nonformal educational supervisor on Class-IIIrd post.

(ii) For issuance of any appropriate writ or writs, rule or directions as your lordships may deem fit and proper to the facts and circumstances of the case as well as for which the petitioners may be found entitled thereto."

Learned counsel for the petitioners states that the present petition may be disposed of in terms of order dated 14.9.2016 passed in CWJC No. 1101 of 2016 titled as Suresh Roy & Ors. Vs. The State of Bihar & Ors.

The said order is extracted as under:

"Writ application is disposed off with an observation that the direction issued by the Learned Single Judge and a Division Bench, affirmed by the Hon'ble Supreme Court in SLA (C) No. 32079 of 2015 with regard to Nonformal Instructors, shall govern the case of these petitioners as well, provided it comes within the ambit of the said decisions.

Patna High Court CWJC No.16058 of 2014 dt.22-11-2022 3/3 Writ application stands disposed off in terms of above. "

In view of the facts that the matter stands settled by the Hon'ble Apex Court, we direct the petition to be disposed of in terms of the aforesaid order.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Spd/-Sujit AFR/NAFR CAV DATE Uploading Date 24.11.2022 Transmission Date