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Patna High CourtCWJC/8892/2019disposed

Dilip Kumar Paswan v. The State Of Bihar

2019-04-24Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8892 of 2019 ====================================================== 1.

Dilip Kumar Paswan Son of Raghu Paswan Resident of village- Satanpur, P.S. Ujiyarpur, District- Samastipur at present posted as Block teacher in Government Middle School, Satanpur Panchayat, Block -Ujiyarpur, DistrictSamastipur. 2.

Darakhshan Anjum Wife of Md. Jabbar Alam Resident of village- Chand Chour, Mathurapur, P.S. Ujiyarpur, District- Samastipur at present posted as Block teacher in Upgraded Maktab, Chand Chour, Rahim tol, Chanchar West Panchayat, Block -Ujiyarpur, District- Samastipur. 3.

Ishrat Parween Wife of Md. Imteyaz Resident of village- Chand Chour, Rahim tol, P.S. Ujiyarpur, District- Samastipur at present posted as Block teacher in Upgraded Maktab, Chand Chour, Rahim tol, Chanchar West Panchayat, Block -Ujiyarpur, District- Samastipur. 4.

Ranjit Kumar Mahto Son of Ram Kripal Mahto Resident of villageNikaspur, Ujiyarpur, District- Samastipur at present posted as Block teacher Upgraded Middle School,Nikaspur, Block -Ujiyarpur, District- Samastipur. 5.

Rita Kumari Daughter of Upendra Ray Resident of Uttari Dhamoun, Via Mahnar, P.S. Patori, District- Samastipur at present posted as Block teacher in Upgraded Middle School, Chand Chour, Rahim tol, Block -Ujiyarpur, District- Samastipur.

6.

Nitu Kumari Wife of Sanjay Kumar Jha Resident of village- Mahisari, P.S. Ujiyarpur, District- Samastipur at present posted as Block teacher in Upgraded Middle School, Mahisari, Block -Ujiyarpur, District- Samastipur. 7.

Sunita Kumari Wife of Shyamlal Ram Resident of village- Mahisari, P.S. Ujiyarpur, District- Samastipur at present posted as Panchayat teacher in Primary School Mahisari- 02,Mahisari Panchayat, Block -Ujiyarpur, District- Samastipur.

8.

Umesh Kumar Son of Ram Sagar Singh Resident of village- Raipur, P.S. Ujiyarpur, District- Samastipur at present posted as Block teacher in Girls Middle School Ujiyarpur, Block -Ujiyarpur, District- Samastipur. 9.

Lalbabu Ram Son of Late Shivjee Ram Resident of village- Raipur, P.S. Ujiyarpur, District- Samastipur at present posted as Block teacher in Upgraded Middle School Raipur, Block -Ujiyarpur, District- Samastipur. 10.

Nutan Kumari Wife of Sanjay Kumar Resident of village- Raipur, P.S. Ujiyarpur, District- Samastipur at present posted as Block teacher in Girls Middle School Ujiyarpur, Block -Ujiyarpur, District- Samastipur. 11.

Anjeela Kumari Wife of Ramkrishn Roy Resident of village- Raipur, P.S. Ujiyarpur, District- Samastipur at present posted as Block teacher in Upgraded Middle School Raipur, Block -Ujiyarpur, District- Samastipur. 12.

Rajesh Kumar Choudhary Son of Upendra Choudhary Resident of villageUjiyarpur, P.S. Ujiyarpur, District- Samastipur at present posted as Block teacher in Middle School Ujiyarpur, Block -Ujiyarpur, District- Samastipur. 13.

Dharmendra Kumar Son of Ram Prasad Resident of village- Dihuli, P.S. Sakra, District- Samastipur at present posted as Block teacher in Middle School Ujiyarpur, Block -Ujiyarpur, District- Samastipur.

Patna High Court CWJC No.8892 of 2019(2) dt.24-04-2019 2/3 14.

Sudha Kumari Wife of Ramesh Kumar Resident of village- Ujiyarpur, P.S. Ujiyarpur, District- Samastipur at present posted as Block teacher in Middle School Ujiyarpur, Block -Ujiyarpur, District- Samastipur. 15.

Sahahida Pravin Wife of Md. Ashraf Ansari Resident of village/ MohallaSardarganj, P.S.-Dalsing Sarai, District-Samastipur at present posted as Block Teacher in, Block-Ujiyarpur, District-Samastipur 16.

Pushpa Rani Wife of Ajay Kumar Ram Resident of village/ MohallaHawaspur, P.S. Ujiyarpur, District- Samastipur at present posted as Block teacher in Middle School Ujiyarpur, Block -Ujiyarpur, District- Samastipur. 17.

Mukesh Mohan Son of Late Harishchandra Ram Resident of village/ Mohalla- Hawaspur, P.S. Ujiyarpur, District- Samastipur at present posted as Block teacher in Middle School Ujiyarpur, Block -Ujiyarpur, DistrictSamastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.

2.

The Principal Secretary Education Department, Govt. of Bihar, New Secretariat, Patna.

3.

The Director Primary Education Education Department, Govt. of Bihar, New Secretariat, Patna.

4.

The District Magistrate Samastipur.

5.

The District Education Officer Samastipur.

6.

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

For the Petitioner/s :

Mr.Arun Kumar For the Respondent/s :

Mr.Smt.Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-04-2019 The learned counsel for the petitioners submits that the case of the petitioners is squarely covered by judgment dated 27.09.2016 passed by the learned Division Bench of this Court in L.P.A. No. 1699 of 2013 (Kranti Kanak & ors. vs. The State of Bihar & ors.)

Patna High Court CWJC No.8892 of 2019(2) dt.24-04-2019 3/3 Per contra, the learned counsel for the respondents states that the case of the petitioners shall be examined by the respondent no. 5.

Accordingly, the petitioners are granted liberty to file representation within a period of four weeks from today, annexing a copy of the aforesaid judgment dated 27.09.2016, before the respondent no. 5, who shall examine the case of the petitioners and in case it is found that the case of the petitioners are similar to the case of the appellants of the aforesaid judgment rendered in the case of Kranti Kanak (supra), similar benefits would be granted to them. The entire exercise is required to be completed by the respondent no. 5 within a period of eight weeks of the filing of the representation by the petitioners.

The writ petition is disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) ajay gupta/- U