Md.Firoz Alam And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20643 of 2011 ====================================================== 1.
Md. Firoz Alam, son of Abdul Subhan resident of Village - Navanagar Nijamat.
2.
Nasima Khatoon, Wife of Abdul Bari, resident of Village - Pratap Patti. 3.
Krishna Kumar, Son Of Bikau Sah, Resident Of Village-Pratap Patti. 4.
Ranchandra Paswan, Son Of Shiv Balak Paswan, resident of Village - Pratap Patti.
5.
Shambhu Bhagat, son of Raijhayi Bhagat, resident of Village - Parsa Sadan. 6.
Geeta Sinha, wife of Shambhu Bhagat, resident of Village-Parsa Sadan. 7.
Mahesh Ram, son of Wakil Ram, resident of Village-Navanagar Nijamat. 8.
Prabhu Kumar, son of Chaturi Rai, resident of Village-Navanagar Nijamat. 9.
Rajesh Kumar, son of Ram Babu Prasad, resident of Village -Pratap Patti. 10.
Shyama Kumari, wife of Binda Bhagat, resident of Village- Bishambharpur Basantpur Chainpur.
11.
Krishna Bhagat, son of Dhanu Bhagat, resident Of Village-Bishambharpur Basantpur Chainpur.
12.
Nirmala Devi, wife of Kapildeo Rai, resident of Village - Navanagar Nijamat.
13.
Binda Rai, son of Shiv Lakhan Rai, resident of Village - Bhikhanpura. 14.
Vindhayachal Prasad "Viklang", son of Laxman Prasad, resident of Village - Navanagar Nijamat.
15.
Umesh Kumar, son of Sukdeo Prasad, resident of Village - Bangara Nijamat. 16.
Ranju Kumari, wife of Umesh Kumar, resident of Village - Bangara Nijamat.
17.
Suresh Kumar, son of Siyaram Rai, resident of Village-Bangara Nijamat. 18.
Jay Prakash, son of Baldeo Prasad, resident of Village - Pratap Patti. 19.
Md. Taslim, son of Md. Suleman Miyan, resident of Village - Parwal Patti. 20.
Ram Prasad Manjhi, son of Mahendra Manjhi, resident of Village-Makari Tola, Navanagar.
21.
Suman Kumari, wife of Dinesh Prasad Singh, resident of Village- Navanagar Nijamat.
22.
Sanjay Rai, son of Shri Bachcha Rai, Resident of Village - Dhanaiya. 23.
Bharat Prasad Kushwaha, son of Satya Narayan Prasad Kushwaha, resident of Village - Bishambharapur.
24.
Rekha Kumari, wife of Rajeshwar Sharma, resident of Village-Pakari Asli. 25.
Rajeshwar Sharma, son Of Yaduvir Sharma, resident of Village- Dhanaiya Pakari.
26.
Neelam, wife of Shri Binda Mahto, resident of Village - Dhanaiya.
2/4 27.
Punam Devi, wife of Shri Suresh Baitha, resident of village- Dhanaiya.
28. Raj Kishore Rai, son of Anandi Rai, Resident of Village - Chakawa Jagdishpur.
29.
Babulal Sharma, son of Yogendra Kumar, resident of Village - Navanagar Nijamat.
30.
Anil Kumar Ravi, son of Shri Chandrika Rai, Resident of Village-Chakawa Jagdishpur.
31.
Ravindra Rai, son of Shri Raghubir Rai, resident of Village-Chakawa Jagdishpur.
32.
Shiv Prasad Rai, son of Late Gudar Rai, resident of Village-Madhopur Hajari.
33.
Subheshwar Kumar Singh, son of Shri Ram Ekbal Singh, resident of Village-Madhopur Hajari.
34.
Pramila Sinha, wife of Shri Bhagya Narayan Singh, resident of VillageMadhopur Hajari. All the Village of The Petitioners under the Police Station - Sahebganj, District-Muzaffarpur.
... ... Petitioners
Versus
1.
The State of Bihar through the Chief Secretary, Old Secretariat, Government of Bihar, Patna.
2.
The Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna.
3.
The Principal Secretary, Department of Personnel and Administrative Reforms, Government Of Bihar, Patna.
4.
The Director, Primary Education, Department of Human Resources Development, Government of Bihar, Pa tna.
5.
The Director, Mass Education Department of Human Resources Development, Government of Bihar, Patna.
6.
The District Magistrate, Muzaffarpur.
7.
The District Superintendent of Education, Muzaffarpur. ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Ranjan, Advocate For the Respondent/s :
Mr.Rajesh Singh GP16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 12-04-2019
3/4 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking relief of being absorbed in the regular Government service in terms of the order passed by the Hon'ble Supreme Court in favour of Non-Formal Instructors prescribing two conditions, namely, the person must have performed three years continuous service preceding the closure of Non-Formal Education Programme and the person must have approached before the Hon'ble Supreme Court or High Court on or before 26.02.2016.
Learned counsel for the State submits that save and except certain petitioners rest petitioners satisfy both the conditions in the sense that they have filed this writ petition before this Court in the year 2011 as well as certain petitioners are having the experience of three years of continuous service before closure of Non-Formal Education Project. In such view of the matter, let the Director, Primary Education, Government of Bihar, Patna, examine the case of petitioners individually and if it is found that the petitioner satisfies both the conditions, as stated hereinabove, in such circumstance, he will be rehabilitated in the regular Government service in terms of the order of the Hon'ble Supreme Court.
4/4 With the aforesaid observations and directions, this writ petition is disposed of.
(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.
CAV DATE N/A.
Uploading Date 16.04.2019 Transmission Date