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Patna High CourtMJC/1302/2019disposed

Aditya Kumar v. The State Of Bihar

2023-06-27Mr. Justice Rajiv Roy7 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1302 of 2019 In Civil Writ Jurisdiction Case No.5739 of 2018 ====================================================== 1.

Aditya Kumar Son of Jai Prakash Barnwal Resident of Village Tetriya, Police Station Suiya, District Banka at present posted and working as an Assistant Teacher in Government Upgraded Middle School, Dubba, Anchal 2.

Mukesh Kumar Yadav Son of late Ambika Prasad Yadav Resident of Village Belhar, Police Station Belhar, District Banka at present posted and working as an Assistant Teacher in Government Primary School, Gopdih, Anchal 3.

Arun Kumar Mandal Son of late Baldeo Manal Resident of Village Usmanpur, Police Station Kharik, District Bhagalpur at present posted and working as an Assistant Teacher in Government Upgraded Middle School, Pailwa, Anchal Chandan, District Banka.

4.

Samir Kumar Son of Jai Prakash Barnwal Resident of Village Tetriya, pss Suiya, District Banka at present posted and working as an Assistant Teacher in Government Upgraded Middle School Ghongadabar, Anchal Chandan, District Banka.

5.

Shankar Prasad Son of Gireshwar Prasad un Resident of Village Manik Pathadda, District Banka at present posted and working as an Assistant Teacher in Government Upgraded Middle School Jhajha, Anchal Chandan, District Banka.

6.

Alok Kumar dipak Son of Suresh Prasad Singh Resident of Village Karharia, Police Station Shambhuganj, District Banka at present posted and working as an Assistant Teacher in gmps Baghmari, Anchal Chandan, District Banka. 7.

Chiranjeevi Pandit Son of late Phuchay Pandit Resident of Village Gopalpur, Police Station Udakishunganj, District Madhepura,uuj posted and working as an Assistant Teacher in Government Upgraded Middle School Jhingajhal, 8.

Madan Ravfidas Son of late Krishan Ravidas Resident of Village Belhar, Police Station Belhar, District Banka at present posted and working as an Assistant Teacher in Government Upgraded Middle School Salaibona, 9.

Manoj Kumar Singh Son of late Deonarayan Singh Resident of Village Hartoda, Police Station Rajaun, District Banka at present posted and working as an Assistant Teacher in gups Paharpur (Bank), Anchal Chandan, District Banka.

10.

Sanjay Kumar Singh Son of Banarasi Prasad Singh Resident of Village Karharia, Police Station Shambhuganj, District Banka at present posted and working as an Assistant Teacher in Government Upgraded Middle School, 11.

Awadhesh Kumar Chaudhary Son of Kamleshwari Prasad Chaudhary Resident of Villager Shivshankarpur (Tengara), Police Station Belhar District Banka, at present posted and working as an Assistant Teacher in

2/7 Government Upgraded Middle School Anchal Chandan, District Banka. 12.

Pramod Kumar Mandal Son of Puneshwar Mandal Resident of Village Mathura Sahebganj supplementary Police Station Belhar District Banka at present posted and working as an Assistant Teacher in Government Upgraded Middle School Lathane, Anchal Chandan, District Banka. 13.

Kamlesh Kumar Bhagat Son of late Dip Narayan Bhagat Resident of Village Sahebganj, Police Station Belhar, District Banka at present posted and working as an Assistant Teacher in Government Upgraded Middle School 14.

Rakesh Kumar Yadav Son of late Ambika Prasad Yadav Resident of Village Belhar Police Station Belhar, District Banka at present posted and working as an Assistant Teacher in Government Upgraded Middle School Siljori, 15.

Narendra Kumar Singh Son of Bachoo Singh Resident of Village Sadikpur, Police Station Barbighak, District Sheikhpura at present posted and working as an Assistant Teacher in Government Upgraded Middle School Jhajha, 16.

Balgovind Das Son of Narayan Das Resident of Village Aghara, Police Station Sono, District Jamui at present posted and working as an Assistant Teacher in Government Upgraded Middle School Anchal Chandan, District Banka.

17.

Rajendra Das Son of Paintar Das Resident of Village Kolhabad, Police Station Deoghar, District Deoghar at present posted and working as an Assistant Teacher in Government Upgraded Middle School Kadwamaran, 18.

Birendra Thakur Son of late Tilak Thakur Resident of Village Parsabad, Police Station Jai Nagar District Koderma (Jharkhand) at present posted and working as an Assistant Teacher in gujms Jogmaran, Anchal Chandan, District Banka.

19.

Shyam Sundar Barnwal Son of lat Arjun Prasad Barnwal Resident of Village Khilarchatti, Police Station Laxmipur, District Jamui, at present posted and working as an Assistant Teacher in Government Upgraded Middle School Kusumjori, Anchal Chandan, District Banka.

20.

Sanjeev Kumar Tiwari Son of Gauri Shankar There is, Resident of Village Salempur, Police Station Amarpur, District Banka at present posted and working as an Assistant Teacher in Government Upgraded Middle School Pahadpur (Bank), Anchal Chandan, District Banka. 21.

Rambabu Singh Son of Bindeshwar Singh Resident of Village Lakhpur, Police Station Paliganj, District Patna at present posted and working as an Assistant Teacher in Government Upgraded Middle School Jotkaha, Anchal 22.

Laxman Das Son of Khubi Das Resident of Village Fariyatadih, Police Station Chakari, District Jamui at present posted and working as an Assistant Teacher in Government Upgraded Middle School Koriya, Anchal Chandan, District Banka.

23.

Sanjay Kumar Sah Son of late Ramchandra Sah Resident of Village Junbandh, Police Station Tawn Thana, District Geoghar, at present posted

3/7 and working working as an Assistant Teacher in Government Upgraded Middle School Anchal Chandan, District Banka. 24.

Navin Kumar Son of Rajendra Singh Resident of Village Gosai Bigha, Police Station Chero, District Nalanda at present P.W. in Government Upgraded Middle School, Govindpur, Anchal Chandan, District Banka. 25.

Anil Kumar Son of late Jeev Nandan Thakur Resident of Village Taranagar, Police Station Chas, District Bokaro (Jharkhand), at present posted and working working as an Assistant Teacher in Government Upgraded Middle School Salaibona, Anchal Chandan, District Banka. 26.

Ajeet Kumar Prsad Son of late Govind Das Resident of Mohalla Ambedkar Nagar, Police Station Town Thana, District Deoghar (Jharkhand) at present posted and working as an Assistant Teacher in Government Upgraded Middle School Bagra Anchal Chandan District Banka. 27.

Alexander Marandi Son of late Francis Marandi Resident of Village Chadri, Police Station Chakai, District Jamui at present posted and working as an Assistant Teacher in Government Upgraded Middle School Beharbari (Bhairoganj), Anchal Chandan, District Banka. 28.

Chitranjan Kumar Son of Kameshwar Singh Resident of Mohalla Krishnapuri, Police Station Town Deoghar, District Deoghar at present posted and working as an Assistant Teacher in Government Upgraded Middle School, Anchal Chandan, District Banka. 29.

Neeraj Kumar Son of Bindeshsar Bhagat Resident of Village Rampur, Police Station Gaya, District Gaya at present posted and working as an Assistant Teacher Gajjooraidih, Anchal Chandan, District Banka. 30.

Rajendra Kumar Das Son of late Kanhai Das Resident of Mohalla Shivpuri, Police Station Anishabad District Patna at present posted and working as an Assistant Teacher in Government Upgraded Middle School Nazrayandih 31.

Somnath Mehra Son of Yogeshwar Mehra Resident of Village Logai, P.S. Mahgama, District Godda (Jharkhand) at present posted and working as an Assistant Teacher in Government Upgraded Middle School Bhadriya Anchal 32.

Chandra Shekhar Das Son of Bodhi Das Resident of Village Paranchi, P.S. Chakai, District Jamui at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Bangal Garh, Anchal - Katoriya, District Banka.

33.

Rajneesh Kumazr Arya Son of Ashok Kumar Arya Resident of Village Koushalpur, Police Station Haveli Kharagpur, District Munger at present posted and working as an Assistant Teacher in Government Upgraded Middle School Janakur, Anchal Chandan, District Banka. 34.

Abhimanyu Kumar Son of Jagdamb Mandal Resident of Village Hasuya, Police Station Hasiya, District Nawada at present posted and working Anabad Bihar Sarkar an Assistant Teacher in Government Upgraded Middle School Bandari, Anchal Chandan, District Banka. 35.

Ved Prakash Malviya Son of Naznd Kishore Choubey Resident of Village Gosai Daspur, Police Station Nazth Nagar, District Bhagalpur at present posted and working as an Assistant Teacher in Government Upgraded

4/7 Middle School Nazwadih (SC) Anchal Chandan, District Banka. 36.

Jibesh Kumar Thakur Son of Shivnandan Thakur Resident of Village Kadrachak, Police Station Shambhuganj, District Banka at present posted and working as an Assistant Teacher in Government Upgraded Middle School Deashi, Anchal Chandan, District Banka. 37.

Murlidhar Barnwal Son of Birhaspati Modi Resident of Village Shali, Police Station Hirodih, District Giridih (Jharkhand) uju residing at Thadi Dulampur, Police Station Kunda, District Deoghar (Jharkhand) at present posted and working as an Assistant Teacher in Government Upgraded Middle School Janakpur, Anchal Chandan, District Banka. 38.

Gopal Dazs Son of Shankar Das Resident of Village Karoun, Police Station Karoun, District Deoghar at present posted and working as an Assistant Teacher in Government Upgraded Middle School Kusumjori, Anchal 39.

Gulab Prasad Yadav Son of Hujro Prasad Yadav Resident of Village Radha Nagar, Police Station Katoriya, District Banka at present posted and working as an Assistant Teacher in Government Upgraded Middle School Gouripur, 40.

Brajesh Kumar Singh Son of Vibhishan Kumar Singh Resident of Village Giridhara, Police Station Shambhuganj, District Banka at present posted and working as an Assistant Teacher in gujms Jogmaran, Anchal Chandan, District Banka.

41.

Shiv Kumar Pandit Son of late Shankar Pandit Resident of Village Jharudi, Police Station Belhar District Banka at present posted and working as an Assistant Teacher in Government Upgraded Middle School Ghonghadabar, 42.

Sunil Kumar Satyarthi Son of late Jaggnath Singh Resident of Village Jamunapur, Police Station Bihta, District Patna at present posted and working as an Assistant Teacher in Government Upgraded Middle School Lohtaniyha, Anchal Chandan, District Banka.

43.

Chandrika Pandit Son of Nuneshwar Pandit Resident of Village Sarnod, Police Station Sono, District Jamui at present posted and working as an Assistant Teacher in Government Upgraded Middle School Sahdeva Nawadih, anchal Katoriya District Banka.

44.

Anand Kumar Son of Vijay Kumar Sah Resident of Village Radha Nagar, Police Station Katoriya District Banka at present posted and working as an Assistant Teacher in Government Upgraded Middle School Hathgarh, Anchal Katoriya, District Banka.

45.

Giriraj Shekhar Son of late Satyanarayan Mistri Resident of Village Sikanjdra, Police Station Sikandra District Jamui at present posted and working as an Assistant Teacher in Government Upgraded Middle School Inarafaran, Anchal Katoiya District Banka.

46.

Vinay Kumar Besra Son of Ramlal Besra Resident of Village Tetariya, Police Station Katoriya District Banka at present posted and working as an Assistant Teacher Hindi Kanyua Jaypur, Anchal Katoriya, District Banka. 47.

Hari Kishore Prasad Das, Son of Nuneshwar Ravi Resident of Village Kurana, Police Station Katoriya, District Banka, at present posted and

5/7 working as an Assistant Teacher in Government Upgraded Middle School Inaravaran, Anchal Katoriya, District Banka.

48.

Pramod Kumar Das Son of Kaleshwar Das Resident of Village Baghmari, Police Station Mohanpu District Deoghar at present posted and working as an Assistant Teacher in Government Upgraded Middle School H Chata Kurum, Anchal Katoiya, District Banka.

49.

Babulal Hembram Son of Budhan Hembram Resident of Village Gugla, Police Station Katoriya, District Banka at present posted and working as an Assistant Teacher in Government Upgraded Middle School Chata Kurum Anchal Katoriya, District Banka.

50.

Rajiv Ranjan Sinha Son of Raghunandan Prassad Resident of Village Goraya Bigha, District Nalanda at present posted and working as an Assistant Teacher in Government Upgraded Middle School Sijua, Anchal Katoriya, District Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shri R.K.Mahajan son of name not known to the petitioners the Principal Secretary, Education Department, Government of Bihar, Patna. 3.

Shri R.K.Mahajan son of name not known to the petitioners the Principal Secretary, Finance Department, Government of Bihar, Patna. 4.

Shri Arvind Kumar Verma son of name not known to the petitioners the Director Primary Education Bihar, Patna.

5.

Shri Kundan Kumar son of name not known to the petitioners, the District Magistrate, Banka.

6.

Shri Ahsan, son of name not known to the petitioners, the District Education Officer, Banka 7.

Shri Deo Narayan Pandit, son of name not known to the petitioners, the District Programme Officer (Establishment), Banka. 8.

Shri Suresh Thakur, son of name not known to the petitioners, Block Education Officer, Chandan, District Banka.

9.

Shri Suresh Thakur(Incharge), son of name not known to the petitioners, Block Education Officer, Katoria, District Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinu Kumar, Advocate For the Opposite Party/s :

Mr. Ram Vinay Pd. Singh, AC to GA 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-06-2023 Heard Mr. Dinu Kumar, learned Counsel for the petitioner and the State.

6/7 The Writ Court on 18.04.2018 in CWJC No. 5739 of 2018 passed the following order. The concluding part is incorporated hereinbelow:- "In view of the above, these writ applications are disposed of with a direction to the respondents to consider the case of the petitioners of these cases and extend similar benefits to them within a period of sixty days from the date of receipt/production of a copy of this order."

Learned State Counsel by way of show cause has filed an order of the District Education Officer, Banka vide memo no. 1586 dated 05.07.2019 by which a reasoned order has been passed and from the order, it is clear that the petitioners have also been granted relief they wanted.

Mr. Dinu Kumar, learned Counsel for the petitioner submits that thereafter, the LPA Court in another case vide LPA No. 756 of 2015 has passed certain orders and they are also entitled to said benefits.

He submits that the said order of the LPA Court has been affirmed by the Hon'ble Supreme Court .

This Court only has to see whether the Writ Court order has been complied with or not and is convinced that the order stands complied.

If the petitioner wants some other relief in the light of

7/7 the order passed by the Division Bench affirmed by the Hon'ble Supreme Court, he will be at liberty to approach the appropriate authority with the orders.

Accordingly, the contempt petition stands disposed of. (Rajiv Roy, J) Neha/- U