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Patna High CourtCWJC/14670/2014disposed

Smt. Kumari Kalpana Rani v. The State Of Bihar And ORS

2017-11-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14670 of 2014 ====================================================== Smt. Kumari Kalpana Rani, D/O Dr. Kailash Prasad Singh, posted as Assistant Teacher in Middle School, Bahadurpur, P.S. Bahadurpur, District - Patna.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

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

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

4. The Director (Primary Education), Government of Bihar, Patna.

5. The Regional Deputy Director of Education, Patna Division, Patna.

6. The District Education Officer, Patna.

7. The District Programme Officer (Establishment), Patna.

8. The Drawing & Disbursing Officer-cum-the Headmaster Balak Middle School, Punaichak, Patna.

9. The Treasury Officer, Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Abhimanyu Sharma and Ms. Prakritita, Advocates.

For the Respondent/s : Mrs. Ratna Kumari, A.C. to P.A.A.G. 2. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

It is submitted by learned counsel for the petitioner that the case of the petitioner is squarely covered by the order passed in C.W.J.C. No. 6139 of 2007 dated 31.03.2011 and the said order has been affirmed by the Division Bench in L.P.A. No. 756 of 2015 dated 16.08.2017. Hence, the petitioner is entitled for similar

Patna High Court CWJC No.14670 of 2014 (3) dt.01-11-2017 2/2 relief as per the State Litigation Policy under Clause 4(c)(1) which reads as follows:- 4.C Covered Matters: 4.C (1). A good number of cases are from the category of similar cases.

Each Government Department will aim to consider and settle the claim of the representationist/ applicant-employee/citizen, if the claim is found covered by any decision of the Court. Many service matters of this nature, can be disposed of at the level of the Department itself without compelling the litigant to come to the Court. In this manner, the Government Departments would be acting as efficient litigants.

Considering the submissions made on behalf of the petitioner, the present writ application stands disposed of in light of the order passed in C.W.J.C. No. 6139 of 2007 dated 31.03.2011 and L.P.A. No. 756 of 2015 dated 16.08.2017 and the State Litigation Policy as quoted above.

The benefit granted to the petitioners of the aforesaid C.W.J.C. No. 6139 of 2007 dated 31.03.2011, shall be extended to the petitioner within a period of six months from the date of making such representation before the competent authority. U.K./- (Sudhir Singh, J) U