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Patna High CourtCWJC/10167/2018disposed

Nishant Anand And ORS v. The State Of Bihar And ORS

2019-02-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10167 of 2018 ======================================================

1. Nishant Anand S/o Late Shivanandan Prasad, Resident of Railway Gumti Numbet 2 Road, West Side Post P.S.- Kotwali Munger, District- Munger, Bihar.

2. Aman Aanand, S/o Late Ganesh Jha, Resident of Village Post- Sajjaur, BlockShahkund, District- Bhagalpur, Bihar.

3. Sagar Kumar Son of Late Rambilas Das, Resident of Village P.O. P.S.- Bariyarpur, District- Munger, Bihar.

4. Sachin, S/o Mukund Kumar Sinha and Late Rambha Sinha, Resident of Karulal Lane, Near Durga Mandir, Manikpur District- Bhagalpur, Bihar.

5. Shekhar Kumar, Son of Late Balmukund Prasad Singh, Resident of VillagePipra, Post- Kharharia, P.S.- Bath, District- Bhagalpur, Bihar.

6. Mohammad Shaukat Ali, Son of Mohammad Sajjad Ali, Husband of Late Farhat Jahan, Village Post- Simaria, Nathnagar, District- Bhagalpur, Bihar.

7. Mohammad Hayat, Son of Abdul Bari and Late Biwi Aajma, Resident of village - Salimpur, Post Mohiuddinpur, P.S.- Jagdishpur, District- Bhagalpur, Bihar.

8. Mohammad Afsar Ansari, Son of Late Razzak Ansari, resident of VillageRadhanagar, Post P.S.- Shahkund, District- Bhagalpur, Bihar.

9. Amita Kumari, Wife of Late Nahesh Kumar Das, resident of VillageSahuparbatta Bazar, Post P.S.- Parbatta, Naugachia, District- Bhagalpur, Bihar.

10. Mohammad Parwej Hayat, Son of Late Majid Aalam, resident of village Jalaha, Post P.S.- Sanokhar, District- Bhagalpur, Bihar.

11. Amit Kumar, Son of Sri Yogendra Prasad Singh and late Kumari Aarti Rai, Resident of Village Devipur Post- Nandlalpur P.S. Kahalgaon, DistrictBhagalpur, Bihar.

12. Mohammad Daanish Khan, son of Taushik Ahmad Khan and Late Jahana Khan, resident of Village- Bhikhanpur, Gumti Number 3, Post P.S.- Ishakchak, District- Bhagalpur, Bihar.

13. Sashikant Kumar, Son of Kanhaiya Paswan and Late Usha Kumari, Resident of Village- Bhirkhi Ward Number 23, Post P.S.- Madhepura, DistrictMadhepura, Bihar. ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Department of Education Government of Bihar, at New Secretariat, Patna.

3. The Secretary Department of Education Government of Bihar, at New Secretariat, Patna.

4. The Director Primary Education, Government of Bihar, at New Secretariat, Patna.

5. The District Education Officer, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandan Kumar Verma For the Respondent/s :

Mr.Madanjeet Kumar, GP-20

Patna High Court CWJC No.10167 of 2018(3) dt.21-02-2019 2/2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-02-2019 The present writ petition is being disposed off with consent of the parties inasmuch as admittedly even as per the State Government, there is no letter whereby and where under the services of the petitioners herein have been dispensed with, hence it is admitted that such Panchayat Teachers are required to be paid the salary as well as they cannot be debarred from continuance in service unless and until valid and legal termination order is passed.

Having regard to the facts and circumstances of the case and the agreement reached at in between the parties, the present writ petition is disposed off with a direction that till any order of termination is passed, no hindrance shall be caused either in continuance of the petitioners in service or in payment of wages to them.

(Mohit Kumar Shah, J) S.Sb/- U