Manoj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10461 of 2016 =========================================================== Manoj Kumar, son of Late Baleshwar Sahni, resident of Village and P.o. Sakhmohan, Via Narhan, P.S. Bibhutipur, District- Samastipur. .... .... Petitioner/s

Versus

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

2. Director, Primary Education, Government of Bihar, Patna.

3. District Magistrate, Samastipur.

4. District Superintendent of Education, Samastipur.

5. District Programme Officer (Establishment), Samastipur.

6. Area Education Extension Officer, Dalsinghsarai, district Samastipur.

7. Block Education Extension Officer, Bibhutipur, District- Samastipur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the Respondent/s : Mr. Nivedita Nirvikar, GA10 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 24-04-2018 Learned counsel for the petitioner is permitted to make necessary correction in the description of respondent no.5 during course of the day.

2. The writ application has been listed under the heading "To Be Mentioned" on 19.04.2018 and the learned counsel appearing for the petitioner has placed reliance on the previous order passed in C.W.J.C. No. 10616 of 2009 and analogous cases.

3. At the time of signing the order, the Court noticed that the case is covered by the latest judgment of the Apex Court in the case of Mukesh & Ano. Vs. The State of Bihar & Ors., reported in (2017) 5 SCC 383, as such the case has been listed today under the

Patna High Court CWJC No.10461 of 2016 dt.24-04-2018 2/2 heading "To Be Mentioned".

4. In view of the judgment of the Apex Court in the case of Mukesh & Ano (supra), the writ application is disposed of with a direction to the District Programme Officer (Establishment) Samastipur to examine the claim of the petitioner and take a final decision in the light of the judgment of the Apex Court in the case of Mukesh & Ano. (supra) within a maximum period of 60 days from the date of receipt/production of a copy of this order.

5. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date05.05.2018 Transmission Date