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Patna High CourtCWJC/13321/2015disposal with observation

Manoj Kumar Prabakar And ORS v. The State Of Bihar And ORS

2018-11-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13321 of 2015 ======================================================

1. Manoj Kumar Prabakar son of Late Yogendra Yadav Resident of Village - Pipra Tole, P.O. - Parwa, P.S. - Jainagar, District - Madhubani.

2. Rajendra Kumar Singh son of Late Mishri Prasad Singh Resident of village - Karharwa, P.O. - Korahiya, P.S. - Jainagar, District - Madhubani.

3. Ram Narayan Chaudhary son of Late Anutha Chaudhary Resident of Village + P.O. - Kamla Bari, P.S. - Jainagar, District - Madhubani.

4. Ram Prakash Nirala son of Late Ganaur Mahra Resident of Village + P.O. - Jainagar, Ward No. 13, P.S. - Jainagar, District - Madhubani.

5. Sushil Kumar Paswan son of Late Yogendra Paswan Resident of Village + P.O. - Barhi, P.S. - Jainagar, District - Madhubani.

6. Umesh Prasad Yadav son of Late Pulkit Yadav Resident of Village - Lakshmipur, P.O. - Dorbar, P.S. - Jainagar, District - Madhubani.

7. Bhawesh Chandra Prasad son of Late Gyani Sah Resident of Village - Belhi, PO - Parwa, P.S. - Jainagar, District - Madhubani.

8. Raj Kumar Rai son of Late Mahendra Rai Resident of Village - Anandpur, Ward No. 10, P.S. - Jainagar, District - Madhubani. ... ... Petitioner/s

Versus

1. The State of Bihar.

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

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

4. The District Education Officer, Madhubani.

5. The District Programme Officer (Establishment), Madhubani.

6. Block Education Officer, Jainagar, District - Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sati Ranjan Jamaiyar For the Respondent/s :

Mr. Suresh Kumar, AC to GP 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-11-2018 Heard learned counsel for the parties.

The dispute as to appointment on compassionate ground of the dependents of the teachers have been finally resolved by the Apex Court in the case of Mukesh and Another

Patna High Court CWJC No.13321 of 2015(2) dt.27-11-2018 2/2 vs. State of Bihar & Ors. [(2017) 5 SCC 383]. In view of the judgment in the case of Mukesh & Another (supra), the writ application is disposed of with the direction to the District Programme Officer (Establishment), Madhubani to examine the claim of the petitioners strictly in accordance with the principles laid down by the Apex Court in the aforesaid case and take a final decision within a maximum period of four months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) mrl./- U