Hira Prasad And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17411 of 2015 ====================================================== 1.

Hira Prasad, Son of Ram Surat, resident of Village - Chaturchak, P.S. Beldaur, District - Deoria (U.P.) 2.

Hiralal Ram, Son of Hardeo Ram, resident of village - Hussainpur, P.O. and P.S. Navanagar, District - Ballia (U.P.) 3.

Buddhoo Ram, Son of Late Gharbharan Ram, resident of village - Malo (Malan), P.O. and P.S. Karhan, District - Azamgarh (U.P.) 4.

Mahesh Prasad, Son of Late Ramnath Ram resident of village - Mangakorar, P.O. and P.S. Gopalpur, District - Deoria (U.P.) 5.

Brinda Lal Prasad, Son of Late Tola Prasad, resident of village - Bhatni, P.S. Pipra Bhatni , District - Deoria (U.P.) 6.

Rameshwar Prasad, Son of Late Sahdeo Prasad, resident of villageCharawan, Police Station - Bhimpura, District - Ballia (U.P.) 7.

Mohan Ram, Son of Late Bandhu Ram, resident of village- Balapur Purabpatti , P.S. and P.O. Balapur, District - Gajipur (U.P.) 8.

Bharat Prasad, Son of Late Inder Prasad, resident of village- Dharmauli, P.S. Sahbajpur, District - Deoria (U.P.) 9.

Paras Nath Ram, Son of Ghura Ram, resident of village- Thoridih, P.S. Thoridih, District - Ballia (U.P.) 10.

Vidya Nand, Son of Late Ramadhar Ram, resident of village- Athilapura, P.S. Rasra, District - Ballia (U.P.) 11.

Ram Awadh Ram, Son of Late Rajpat Ram, resident of village - Dewali, P.O. and P.S. Salamatpur Bahadurganj, District - Gajipur (U.P.) 12.

Ramanand Prasad, Son of Late Komal Prasad, resident of village - Magahra, P.S. Walepur, District - Deoria (U.P.) 13.

Ram Nagina Ram, Son of Late Musai Ram, resident of village- Khoonta, P.S. and P.O. Bahorava, District - Ballia (U.P.) 14.

Sheo Govind Ram, Son of Late Basant Ram, resident of village - Benaun, P.S. Navgarh, District - Gajipur (U.P.) 15.

Chhangur Prasad, Son of Late Rekha Prasad, resident of village - Sohanpur, P.O. and P.S. Sohanpur Bankata, District - Deoria (U.P.) 16.

Ramashankar, Son of Late Sheopujan, resident of village - Bijapur Angtaur, P.S. Bijapur, District - Deoria (U.P.) 17.

Manager Prasad, Son of Bhagwan Prasad, resident of village- Mahuee Sangram, P.S. Khukhu, District - Deoria (U.P.) 18.

Mahanth Prasad, Son of Late Madhav Prasad, resident of villageNadavarghat, P.S. Salimpur, District - Deoria U.P. 19.

Mahesh Prasad, Son of Late Jhapsi Prasad, resident of village - Tekuahar, P.O. and P.S. Tekuahar Ram Tola, District - Deoria (U.P.)

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Raja Ram, Son of Late Ram Nayan, resident of village - Pasai, P.O. and P.S. Pasai, District - Basti (U.P.) 21.

Shree Rama Nand, Son of Late Alagoo Prasad, resident of village - Tarkulha, P.O. and P.S. Balauni, District - Deoria (U.P.) 22.

Ram Sharan Prasad Maurya, Son of Late Yamuna Prasad Maurya, resident of village - Mundera, P.O. and P.S. Kushinagar, District - Deoria (U.P.) 23.

Ramyadi Prasad, Son of Khedan Prasad, resident of village - Khurha, P.S. Bhatni, District - Deoria (U.P.) 24.

Kamta Prasad, Son of Late Sabhai Ram, resident of village - Chhataripur, P.S. Kutir Chakkey, District - Jaunpur (U.P.) 25.

Narsingh Prasad, Son of Late Laljee Prasad, resident of village - Karauda, P.S. Manipur, District - Deoria (U.P.) 26.

Ram Kunwar, Son of Late Kharbhan, resident of village - Manjhwara, P.S. Ghosi, District - Azamgarh (U.P.) 27.

Ram Naresh Prasad, Son of Late Pataru, resident of village - Kauria Kazi, P.S. Salimpur, District - Deoria (U.P.) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Education Department, Government of Bihar, Patna 3.

The Director (Secondary Education) Education Department, Bihar, Patna 4.

The Joint Secretary, Education Department, Bihar, Patna 5.

The Deputy Secretary, Education Department (H.R.D.), Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the State :

Mr. Arun Kumar, AC to GP-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-03-2024

1. No one appears for the petitioners. Learned counsel for the respondents is present.

2. The petitioners have filed the instant application for the following relief(s):- "1. (i) For issuance of a writ in the nature of

3/4 mandamus directing and commanding the respondents authorities to consider and grant promotion to the petitioners on the post of Headmaster in general category after inclusion of their names at the proper place in the seniority/ gradation list of general category Assistant Teacher of High/Secondary School (Published in the year 2010 by State the of Bihar in the department of Education) in the light of direction/observation made in sub para-(iii) of para-2 of the order dated 25th August, 2014 of the Hon'ble Supreme passed Court in Civil Appeal No. 8169-8235 of 2014 (Rajendra Pratap and others Versus State of Bihar and others) with Contempt Petition (C) Nos. 200-266 of 2009 in SLP Nos. 7934-8000 of 2009.

(ii) For issuance of a writ in the nature of mandamus directing and commanding the respondents not to disturb the petitioners status from their present the Headmaster as of the concerned schools and to allow them to continue on the post of Headmaster till consideration of their case by the department in the light of direction/observation made in sub para-(iii) of para-2 of the order dated 25th August 2014 passed in Civil Appeal Nos. 8169-8235 of 2014 (Rajendra Pratap and others Versus State of Bihar and others) arising out of SLP(C) Nos. 7934-8000 of 2009.

(iii) For issuance appropriate of writ(s), any other order(s), direction(s) as it may be deemed fit and proper in the opinion of this Hon'ble Court."

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3. No one appeared on behalf of the petitioners on 1.3.2024 also.

4. The case is dismissed for non-prosecution. (Partha Sarthy, J) avinash/- U