Patna High CourtCWJC/12488/2016disposed

Ranjana Kumari v. The State Of Bihar And ORS

2018-02-02Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12488 of 2016 ====================================================== Ranjana Kumari wife of Devendra Kumar , D/o Bikramaditya Prasad resident of Village- & P.O. Zamira , P.S. Ara Mufassil, District: Bhojpur ... ... Petitioner/s

Versus

1. The State of Bihar through the Commissioner-cum-Secretary, Human Resources Development, Govt,. of Bihar, Patna

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

3. The Director, Primary Education, Government of Bihar, Patna.

4. The District Magistrate, Bhojpur, Ara

5. The Superintendent of Education, Bhojpur Ara.

6. The District Programme Officer (Establishment), Bhojpur, Ara

7. The Block Education Officer, Ara, Bhojpur

8. The Mukhiya Gram Panchayat Raj, Zamira, Ara, Bhojpur

9. The Panchayat Secretary. Gram Panchayat Raj amira, Ara, BhojpurKaringa, Block-Sadar Chapra, District-Saran

10. The Head Master, Government Middle School, Zamira, Bhojpur, Ara ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.S.K.Ranjan, Advocate For the Respondent/s :

Mr. RAGHWANAND- GA11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Learned counsel for the petitioner submits that the issue involved in the present writ petition is no more res integra, it has been decided by this court in several writ petitions including in the case of Pankaj Kumar Sharma & Ors. Vs. The State of Bihar vide order dated 17.3.2009 passed in CWJC No. 858 of 2009 & CWJC No. 725 of 2009 and in the case of Anju Kumari Vs. State of Bihar & Ors. Vide order dated 27.6.2011 passed in

Patna High Court CWJC No.12488 of 2016(2) dt.02-02-2018 2/2 CWJC No. 6128 of 2010.

In the present writ petition the issue involved is appointment of the petitioner as Shiksha Mitra before attaining age of 18 years. This issue was examined by different coordinate Benches of this Court and it has been held out that at the time of appointment of Shiksha Mitra rider of 18 years was not applicable and as such, the writ petitions were allowed in favour of the petitioners.

Considering the aforesaid, the writ petition is disposed of with a direction to the respondent No. 6 the District Programme Officer, Establishment, Bhojpur to examine the case of the petitioner and extend the same benefit like the petitioner of CWJC Nos. 858 and 725 of 2009 and CWJC No. 6128 of 2010. As the petitioner is regularly working the respondents are required to ensure payment of arrears as well as current salary within a period of three months from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) spandey/- U