Prabhakar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2006 of 2019 In Civil Writ Jurisdiction Case No.4130 of 2018 ====================================================== 1.

Prabhakar Dubey Son of Late Shivdarash Dubey Resident of VillagePandeypur, Post Office- Nimej, Police Station- Brahmpur, District- Buxar, Presently residing at Regeny Pragya Pradeep, Jyotipuram, Patna, Phulwarisharif, at present posted and working as an Assistant Teacher in Govt. Middle School Ahirauli, Block- Buxar, District- Buxar. 2.

Rameshwar Prasad Keshari Son of Shri Satyanarayan Prasad Keshari Resident of Village- Chaugai, Police Station- Murar, Buxar, District- Buxar, at present posted and working as an Assistant Teacher in Govt. Middle School Murar, Block- Chaugai, District- Buxar. 3.

Jitendra Prasad Verma Son of Rajendra Prasad Verma Resident of MohallaHanuman Fatak Buxar, Police Station- Buxar, District- Buxar, at present posted and working as an Assistant Teacher in Govt. Middle School Purana Bhojpur Mathia, Block- Dumrao, District- Buxar. 4.

Sanjay Kumar Prasad Son of Shri Chhathu Prasad Resident of MohallaRehiya, Police Station- Krishnabrahma, District- Buxar, at present posted and working as an Assistant Teacher in Govt. Middle School Atao, BlockDumrao, District- Buxar. 5.

Narendra Upadhyay Son of Dwarika Nath Upadhyay Resident of MohallaCivil Lines, Buxar, Ward No. 18, Police Station- Buxar, District- Buxar, at present posted and working as an Assistant Teacher in Govt. Middle School Chilhari, Block- Buxar, District- Buxar.

6.

Raj Kishor Pd. Keshari @ Raj Kishore Prasad Keshari Son of Late Ram Narayan Prasad Resident of Mohalla- Barki Kulhariya, Police StationBuxar, District- Buxar, at present posted and working as an Assistant Teacher in Govt. Middle School Chilhari, Dumrao, Buxar, Block- Buxar, District- Buxar.

7.

Anil Kumar Singh Son of Shri Sachidanand Singh Resident of MohallaCivil Lines, Buxar, Ward No. 17, Police Station- Buxar, District- Buxar, at present posted and working as an Assistant Teacher in Govt. Middle School Chilhari, Block- Dumrao, District- Buxar.

8.

Manish Kumar @ Manish Kumar Singh Son of Late Ramnath Lal Resident of Mohalla- Nehru Nagar, Ward No. 20, Buxar, Police Station- Buxar, District- Buxar, at present posted and working as an Assistant Teacher in Govt. Middle School Chilhari, Block- Dumrao, District- Buxar. 9.

Binod Kumar Rai Son of Late Raghupati Rai Resident of Mohalla- Civil Lines Buxar, Police Station- Buxar (Town), District- Buxar, at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Saraura, Dumrao, Block- Dumrao, District- Buxar. 10.

Harendra Prasad Singh Son of Ram Yash Singh Resident of Mohalla- Sainik Colony Near I.T.I. Ground, Buxar, District- Buxar, at present posted and working as an Assistant Teacher in Govt. Middle School Pulia, BlockBuxar, District- Buxar.

2/4 11.

Anjum Ara Wife of Md. Halim Resident of Mohalla- Ambedkar Nagar, Sohanipatti, Ward No. 31, Police Station- Buxar (Town), District- Buxar, at present posted and working as an Assistant Teacher in Govt. Middle School Gauri Shankar, Block- Buxar, District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mr. R.K. Mahajan The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

Mr. Rahul Singh The Principal Secretary, Department of Finance, Government of Bihar, Patna.

4.

Mr. Arvind Kumar Verma The Director, Primary Education, Government of Bihar, Patna.

5.

Mr. Sahjanand The Regional Deputy Director of Education, Patna Division, Patna.

6.

Mr. Vijay Kumar Jha The District Education Officer, Buxar. 7.

Mr. Rameshwar Pd. Singh The District Programme Officer (Establishment) Buxar.

8.

Mr. Raghunath Prasad The Block Education Officer, Buxar. 9.

Mr. Md. Soaid Ansari The Block Education Officer, Dumrao, DistrictBuxar. 10.

Mr. Soaib Ansari The Block Education Officer, Chaugai, District- Buxar. 11.

Mr. Parmanand Kumar The Block Education Officer, Chausa, DistrictBuxar. 12.

Mr. Ramesh Kumar The District Accounts Officer, Bhojpur/ Buxar Ara. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Opposite Party/s :

Mr.Smt. Shilpa Singh (Ga12) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-06-2023 Heard the parties.

The petition was preferred for compliance of the order dated 16.03.2018 in CWJC No.4130 of 2018 andthe concluding part of the said order is as follows:

"3. In view of the above, the writ

3/4 petitions are disposed of with a direction to the respondent- District Programme Officers (Establishment) of the concerned Districts to examine the case of the petitioners in the light of the decision of this Court as indicated hereinabove within a maximum period of 60 days from the date of receipt/production of a copy of this order and extend the same benefit to the petitioners, if it is found covered by the decision in LPA in view of the litigation policy of the State Government.

By way of show-cause filed on behalf of the opposite party no.6 & 7, the memo no.666 dated 26.07.2019 as also memo no1052 dated 26.10.2019 both passed by the District Education Officer, Buxar are on record according to which the claim of the petitioners have been accepted and further direction has been given to the Drawing and Disbursing Officer to take necessary steps for payment after checking the credentials and the recommendation of the District Accounts Officer. This Court is convinced that the order stands complied.

If the petitioner still has some grievance he can agitate the matter before the concerned authority. If the payment has still not been made it is expected that the process shall be

4/4 completed in the next three months.

MJC No.2006 of 2019 stands disposed of.

(Rajiv Roy, J) Prakash Narayan /- U