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Patna High CourtCWJC/11164/2019disposed

Md. Aehtesham Uddin v. The Principal Secretary, Department Of Education

2019-06-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11164 of 2019 ====================================================== Md. Aehtesham Uddin S/o Md. Zahir Uddin Ansari, R/o Mohiuddinpur, Chamartoli Lane, P.O.- Champanagar, P.S.- Nathnagar, District- Bhagalpur, presently posted as Assistant Teacher, Govt. Middle School, Nathnagar No. 1, Nagar Nigam, Bhagalpur.

... ... Petitioner/s

Versus

1.

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

The Director, Primary Education Department, Govt. of Bihar, Patna. 3.

The Regional Deputy Director of Education, Bhagalpur. 4.

The District Education Officer, Bhagalpur.

5.

The District Program Officer (Establishment), Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Purushottam Kumar Jha For the Respondent/s :

Mr.Jitendra Kr. Roy 1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-06-2019 The learned counsel for the petitioner submits that the present case is squarely covered by the judgment dated 11.04.2018 passed by a co-ordinate Bench of this Court in CWJC No. 7322 of 2017 (Abdus Samal vs. The State of Bihar & Ors.).

Per contra, the learned counsel for the respondents submits that the respondent no.5 shall examine the case of the petitioner and in case it is found that the case of the petitioner is similar to the case of Abdus Samal (supra), similar benefits would be extended to the petitioner herein.

Having regard to the facts and circumstances of the

Patna High Court CWJC No.11164 of 2019(2) dt.17-06-2019 2/2 case, I grant liberty to the petitioner to approach the respondent no.5 by filing a representation within a period of four weeks from today, which shall be decided by the respondent no.5 within a period of six weeks thereafter and in case it is found that the case of the petitioner is similarly situated as the case of said Abdus Samal (supra), similar benefits shall be granted to the petitioner herein.

The present writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U