Uday Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5291 of 2023 ====================================================== 1.

Uday Kumar Jha Son of Late Digamber Jha Resident of Village- Bahora, P.O. Budhiya, P.S.- Sarsi, District- Purnea and at Present Posted as Assistant Teacher in Middle School Akhtiyarpur, East Banmankhi, Purnea. 2.

Shiv Kumar, Son of late Maheshwar Paswan Resident of Village- Bela, Police Station- Sarsi, District- Purnea and at Present posted as Assistant Teacher in Middle School Jianganj South, Banmankhi, Purnea. 3.

Shambhu Dayal Deo, Son of Late Ramdeo Poddar Resident of VillageBhatgama, P.S.- Bhat District- Purnea and at Present posted as Assistant Teacher in Middle School Malgama, Purnea East. 4.

Hemant Paswan, Son of Late Mohideo Paswan Resident of VillageBairgachhi Police Station- K. Nagar, District- Purnea and at Present Posted in Middle School Schedule Maranga, Sadar, Purnea. 5.

Surendra Kumar, Son of Late Parmanand Yadav Resident of VillageBiyarpur, P.S.- Maranga, District- Purnea and at Present posted in Middle School Matia, Purnea East.

6.

Shashipal Kumar Singh, Son of Late Uttam Kumar Singh Resident of Village- Balutola, P.S.- B. Kothi, District- Purnea and at Present posted as Assistant Teacher in Kanya Middle School, Badhari, Badhara Kothi, Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Director, Primary Education, Bihar, Patna. 3.

The District Magistrate, Purnea.

4.

The District Education Officer, Purnea.

5.

The District Education Officer, Araria.

6.

The District Programme Officer (Establishment), Purnea. 7.

The District Programme Officer (Establishment), Araria. 8.

The District Account Officer, Purnea.

9.

The District Account Officer, Araria.

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

For the Petitioner/s :

Mr. Amarendra Narayan Mr. Abdul Wadod Mr. Bijay Kumar Pandey For the Respondent/s :

Mr. Kameshwar Kumar (Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

Patna High Court CWJC No.5291 of 2023(2) dt.15-04-2024 2/3 15-04-2024 Heard learned counsel for the petitioners and learned counsel for the respondents.

2.

Learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the judgment passed in C.W.J.C. No.6139 of 2007 dated 31.03.2011 and L.P.A. No.756 of 2015 dated 16.08.2017.

3.

Considering the aforesaid facts, since the case of the petitioners stand on similar footing to that of the petitioners of C.W.J.C. No.6139 of 2007 and L.P.A. No.756 of 2015, there is no requirement to keep pending the present writ application. 4.

Accordingly, petitioners are directed to file a detailed representation along with a copy of the abovementioned cases, before the respondent no.2 within a period of three weeks and the respondent no.2 is well advised to consider the case of the petitioners and dispose of the representation of the petitioners after affording an opportunity of personal hearing or through their counsel and pass a reasoned and speaking order in accordance with law within eight weeks from the date of filing of such representation by the petitioners. The admitted dues/benefits for which the petitioners are entitled for, may also be made to them.

5.

It is made clear that respondent no.2 shall be personally

Patna High Court CWJC No.5291 of 2023(2) dt.15-04-2024 3/3 held responsible for non-compliance of this order. 6.

With the aforesaid directions, this writ application stands disposed of.

7.

It is also made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioners. (Anjani Kumar Sharan, J) shikha/- U