Md. Amanullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8127 of 2019 ====================================================== 1.

Md. Amanullah Son of Late Md. Neyajul Haque Resident of villageBariyarpur, PS- Sitamarhi, District- Sitamarhi at Present posted as teacher in Middle School, Rirbauli, PS- Dumra, district- Sitamarhi. 2.

Akhilesh Kumar Son of Late Satyendra Narayan Singh Resident of villageAura, PS- Tariyani, District- Sheohar at Present posted as teacher in Middle School, Dhobha, PS- Runni Saidpur, district- Sitamarhi. 3.

Sanjay Kumar Singh Son of Late Kishori Prasad Singh Resident of villageManjhaulia, PS- Bathnaha, District- Sitamarhi at Present posted as teacher in Middle School, Gisara, PS- Parsauni, district- Sitamarhi. 4.

Prashant Kumar Son of Late Madan Mohan Prasad Resident of villagechandmari, PS- Motihari, district- East Champaran at present posted as teacher in Middle School Ramnagra, PS- Riga, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, New Secretriat, Vikash Bhawan, government of Bihar, Patna. 2.

The Principal Secretary Education Department, New Secretriat, Vikash Bhawan, government of Bihar, Patna.

3.

The Director Primary Education, Education Department, New Secretriat, Vikash Bhawan, government of Bihar, Patna.

4.

The Joint Secretary Education Department, New Secretriat, Vikash Bhawan, government of Bihar, Patna.

5.

The Special Secretary Education Department, New Secretriat, Vikash Bhawan, government of Bihar, Patna.

6.

The District Magistrate Sitamarhi.

7.

The District Education Officer Sitamarhi.

8.

The District Programme Officer (Establishment), Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sujit Kumar Singh For the Respondent/s :

Smt. Shilpa Singh (Ga12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-01-2024

1. Heard the parties.

2. The petitioners who are Assistant Teachers in various middle schools in the district of Sitamarhi, filed the present writ application for quashing Memo No. 336 dated 07.03.2019, issued by respondent No. 4.

3. Learned counsel for the petitioners submits that the same memo was the subject matter of the writ application filed by

Patna High Court CWJC No.8127 of 2019(4) dt.08-01-2024 2/2 the similarly situated teachers in C.W.J.C. No. 9179 of 2019 and a Co-ordinate Bench of this Court, by a detailed order, dated 24.12.2021, allowed the writ application and declared that the respondent shall not interfere with the appointment of the petitioners made on the regular vacant post of Teachers/Assistant Teachers in the regular pay scale. He thus submits that the present writ application is squarely covered by the judgment, dated 24.12.2021, passed by a Coordinate Bench of this Court in C.W.J.C. No. 9179 of 2019. Learned counsel further submits that, relying upon the judgment passed in C.W.J.C. No. 9179 of 2019, this Court has disposed another writ application of the similarly situated Assistant Teachers working in middle schools of the district of Darbhanga vide order, dated 03.01.2024, passed in C.W.J.C. No. 8166 of 2019.

4. Learned counsel for the State does not dispute the statement made by the learned counsel for the petitioners, accordingly, the present writ application is also disposed exactly in terms of the order dated 24.12.2021 passed in C.W.J.C. No. 9179 of 2019.

(Anil Kumar Sinha, J) HarshPandey/- U