Shiv Shankar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7598 of 2024 ====================================================== 1.
Shiv Shankar Pandit Son of Vishnu Dayal Pandit, Resident of Doodh Katora, Ara, P.O.- Ara, P.S.- Town Thana Ara, District- Bhojpur (Bihar). 2.
Vivekanand Pandey, Son of Someshwar Nath Pandey, Resident of Village and P.O.- Hadiyabad, P.S.- Ayar, District- Bhojpur, (Bihar). 3.
Punam Tiwari Daughter of Baleshwar Tiwari, Resident of Mahajan Toli No.2 Ara, P.O.- Ara, P.S.- Town Thana, District- Bhojpur (Bihar). 4.
Priyanka Kumari, Daughter of Shashi Bhushan Prasad Srivastawa, Resident of Village and P.O.- Paharpur, P.S.- Garhani, District- Bhojpur (Bihar). 5.
Premlata Kumari, Daughter of Dinesh Tiwari, Resident of Chandrakush Ward No.11 Banahi Road, Kanu Dera, P.S.-Shahpur, District- Bhojpur (Bihar) 6.
Krishna Kant Pandey, Son of Mritunjay Pandey, Resident of VillageGopalpur, P.S.- Shahpur, District- Bhojpur (Bihar). 7.
Vinay Kumar Ray, Son of Bhuneshwar Ray, Resident of Village-Sawna, P.O.- Khutha, P.S.- Imadpur, District- Bhojpur (Bihar) ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Department of Education, Government of Bihar, New Secretariat, Vikas Bhawan, Patna. 2.
The Principal Secretary, Department of Education, Government of Bihar, Patna.
3.
The Special Director, Department of Education, Government of Bihar, Patna.
4.
The Joint Secretary, Department of Education, Government of Bihar, Patna. 5.
The District Programme Officer (Establishment) Bhojpur. 6.
The Chairman, Bihar Sanskrit Shiksha Board, Patna. 7.
The Secretary, Bihar Sanskrit Shiksha Board, Patna. 8.
The Head Master, Sidheshwar High School, Pathar Gadhani, Bhojpur. 9.
The Secretary, Sidheshwar High School, Pathar Gadhani, Bhojpur. 10.
The Head Master, Anupeshwar Sanskrit Primary-Cum- Middle School Semariya, Bhojpur.
11.
The Secretary, Anupeshwar Sanskrit Primary-Cum- Middle School Semariya, Bhojpur.
12.
The Headmaster, Brahamrashi Sanskrit Primary-cum- Middle School, Etwari Sahar, Bhojpur.
13.
The Secretary, Brahamrashi Sanskrit Primary-cum- Middle School, Etwari Sahar, Bhojpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sharma
Patna High Court CWJC No.7598 of 2024(2) dt.09-05-2024 2/3 For BSSB Mr. S.S. Sundram, Adv.
Mr. Shashank Shekhar, Adv.
For the State :
Mr.Government Pleader (22) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2024 Heard learned counsel for the parties.
2. Learned counsel for the petitioners submits that the issued raised in the present writ application is squarely covered by the decision of this Court in C.W.J.C. No.985 of 2015 dated 27.03.2019.
3. This petitioners have also been deprived of the benefits to which they were entitled by the impugned resolution dated 31st of August, 2013 which had already been quashed to the extent as indicated in the judgment dated 27.03.2019 passed in C.W.J.C. No.985 of 2015 by a Division Bench of this Court. Therefore, the petitioners are also entitled to the same benefits on the same terms.
4. In that view of the matter, this writ petition is disposed of with a direction to the petitioners to file a fresh representation before the respondent nos.5 and 6 along with a copy of this order and the judgment dated 27.03.2019 passed in C.W.J.C. No.985 of 2015 and the respondent nos.5 and 6 are well advised to consider the case of the petitioners and grant the same benefits including the arrears within a period of three months from the date of filing of such representation.
Patna High Court CWJC No.7598 of 2024(2) dt.09-05-2024 3/3
5. It goes without saying that respondent nos.5 and 6 shall be responsible for non-compliance of this order within the stipulated period.
6. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioners.
(Anjani Kumar Sharan, J) devendra/- U