Bharat Manjhi And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17341 of 2011 ======================================================

1. Bharat Manjhi, Son of Shri Ramdhani Manjhi, resident of Village - Sherpur, P.O. - Machhawta, Police Station - Daraunda, District - Siwan, At present posted and working as Prakhand Teacher in Govt. Upgraded Middle School Dhebar, Anchal Daraunda, District - Siwan.

2. Ranjan Kumar, Son of Shri Sabindra Singh, resident of Village + P.O. - Rukundipur, Police Station - Daraunda, District - Siwan, at present posted and working as Prakhand Teacher in Govt. Middle School Rukundipur, Anchal Daraunda, District - Siwan.

3. Umesh Mahto, Son of Shri Jagrup Mahto, resident of Village - Bodha Chapra, P.O. - Karsaut, Police Station - Daraunda, District - Siwan, at present posted and working as Prakhand Teacher in Govt. Upgraded Middle School, Bodha Chapra, Anchal - Daraunda, District - Siwan.

4. Ram Kishun Harijan, Son of Jamadar Harijan, resident of Village - Raini, P.O. - Rukundipur, Police Station - Daraunda, District - Siwan, at present posted and working as Prakhand Teacher in Govt. Upgraded Middle School Baidapur, Anchal Daraunda, District - Siwan.

5. Mansoor Alam, Son of Sahebdin Miya, resident of Village - Rukundipur, Police Station - Daraunda, District - Siwan, at present posted and working as Panchayat Teacher in Govt. Primary School Katwar, Anchal Daraunda, District - Siwan.

6. Kavita Kumari, Daughter of Bikram Singh, Wife of Shri Umesh Kumar Singh, resident of Village - Govindapur, P.O. - Pakwalia, Police Station - Daraunda, District - Siwan, at present posted and working as Prakhand Teacher in Govt. Upgraded Middle School Bela Govindapur, Anchal - Daraunda, District - Siwan.

7. Deepak Kumar Singh, Son of Shri Devendra Singh, resident of Village - Satjora, P.O. - Bhikhabandh Satjora, Police Station - Daraunda, District - Siwan, at present posted and working as Prakhand Teacher in Govt. Upgraded Middle School Satjora, Anchal Daraunda, District - Siwan.

8. Aftab Alam, Son of Sabir Ahamad, resident of Village - Bhikhabandh, P.O. - Satjora, Police Station - Daraunda, District - Siwan, at present posted and working as Prakhand Teacher in Govt. Middle School Bhikhabandh, Anchal Daraunda, District - Siwan.

9. Prem Kumar Yadav, Son of Lalan Yadav, resident of Village - Marasara, P.O. - Rukundipur, Police Station - Daraunda, District - Siwan, at present posted and working as Prakhand Teacher in Govt. Upgraded Middle School Marasara, Anchal Daraunda, District - Siwan. .... .... Petitioners

Versus

1. The State of Bihar.

2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

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

4. The District Magistrate, Siwan.

5. The Deputy Development Commissioner-Cum-Chairman, District Education Establishment Committee, Siwan.

6. The District Education Officer, Siwan.

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7. The District Programme Officer, Establishment (Education), Siwan.

8. The Block Education Officer, Daraunda, District - Siwan.

9. The Mukhiya of Gram Panchayat Raj Marsara, Block- Daraunda, District - Siwan.

10. The Panchayat Secretary of Gram Panchayat Raj Marsara, Block - Daraunda, District - Siwan.

11. The Mukhiya of Gram Panchayat Raj Rukundipur, Block - Daraunda, District - Siwan.

12. The Panchayat Secretary of Gram Panchayat Raj Rukundipur, Block - Daraunda, District - Siwan.

13. The Mukhiya of Gram Panchayat Raj Ramgarha, Block - Daraunda, District - Siwan.

14. The Panchayat Secretary of Gram Panchayat Raj Ramgarha, BlockDaraunda, District - Siwan.

15. The Mukhiya of Gram Panchayat Raj Karsaut, Block - Daraunda, District - Siwan.

16. The Panchayat Secretary of Gram Panchayat Raj Karsaut, Block - Daraunda, District - Siwan.

17. The Mukhiya of Gram Panchayat Raj Pakwalia, Block - Daraunda, District - Siwan.

18. The Panchayat Secretary of Gram Panchayat Raj Pakwalia, BlockDaraunda, District - Siwan.

19. The Mukhiya of Gram Panchayat Raj Jalalpur, Block - Daraunda, District - Siwan.

20. The Panchayat Secretary of Gram Panchayat Raj Jalalpur, Block - Daraunda, District - Siwan.

21. The Mukhiya Of Gram Panchayat Raj Ramsapur, Block - Daraunda, District - Siwan.

22. The Panchayat Secretary of Gram Panchayat Raj Ramsapur, Block - Daraunda, District - Siwan.

23. The Mukhiya of Gram Panchayat Raj Rasulpur, Block - Daraunda, District - Siwan.

24. The Panchayat Secretary of Gram Panchayat Raj Rasulpur, Block - Daraunda, District - Siwan.

25. The Headmaster, Govt. Upgraded Middle School Dhebar, Anchal Daraunda, District - Siwan.

26. The Headmaster, Govt. Middle School Rukundipur, Anchal Daraunda, District - Siwan.

27. The Headmaster, Govt. Upgraded Middle School Bodha Chapra, Anchal Daraunda, District - Siwan.

28. The Headmaster, Govt. Upgraded Middle School Baidapur, Anchal Daraunda, District - Siwan.

29. The Headmaster, Govt. Primary School Katwar, Anchal Daraunda, District - Siwan.

30. The Headmaster, Govt. Upgraded Middle School Bela Govindapur, Anchal Daraunda, District - Siwan.

31. The Headmaster, Govt. Upgraded Middle School Satjora, Anchal Daraunda, District - Siwan.

32. The Headmaster, Govt. Middle School Bhikhabandh, Anchal Daraunda, District - Siwan.

33. The Headmaster, Govt. Upgraded Middle School Marasara, Anchal Daraunda, District - Siwan.

3/4 .... .... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Umesh Kumar Mishra, Advocate. For the State : Mr. Ajay Sc11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2017 Heard learned counsel for the petitioners and learned counsel for the State.

It has been pointed out by learned counsel for the petitioners that the case of the petitioners is squarely covered by the order passed by this Court in L.P.A. No. 99 of 2012 dated 22.02.2012, C.W.J.C. No. 3035 of 2009 dated 29.07.2011 and L.P.A. No. 92 of 2015 dated 18.08.2017.

Considering the submissions made by learned counsel for the petitioners, the petitioners are directed to make a representation enclosing the aforesaid orders passed by this Court in different cases before the respondent no. 7, the District Programme Officer, Establishment (Education), Siwan, who shall examine the claim of the petitioners and pass an appropriate order, in accordance with law within three months from the date of filing of such representation taking into account the aforesaid different orders passed by this Court.

It has further been indicated on behalf of the petitioners that by virtue of interim order dated 18.10.2011 passed

4/4 by this Court, the petitioners are still continuing in services. It is made clear that the petitioners shall not be disturbed till the final order is passed by respondent no. 7, the District Programme Officer, Establishment (Education), Siwan. With the aforesaid observations and directions, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U