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Patna High CourtMJC/2216/2019disposed

Pradeep Kumar Tripathi v. The State Of Bihar

2023-06-27Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2216 of 2019 In Civil Writ Jurisdiction Case No.14558 of 2018 ====================================================== 1.

Pradeep Kumar Tripathi Son of Late Raghav Sharan Tripathi Resident of Village- Karnameya, Police Station- Bettiah Muffasil, District- West Champaran.

2.

Anjani Kumar Rai Son of Late Shankar Rai Resident of Village- Barariha, Police Station- Bhitaha, District- West Champaran. 3.

Anand Kumar Rai Son of Late Nawal Kishore Rai Resident of Village Shyampur Kortrahan, Police Station- Nautan, District- West Champaran. 4.

Rajnish Kumar Verma Son of Late Madan Mohan Prasad Verma Resident of Village- Ram Nagar, Nepali Tola, Police Station- Ram Nagar, District- West Champaran.

5.

Om Prakash Tiwari Son of Late Braj Mohan Tiwari Resident of VillageNautanwa, Police Station- Shikarpur, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Mr. Shri Deepak Kumar, Gender- Male, Aged about... Son of Name not Known, the Chief Secretary, Government of Bihar, Patna.

2.

Mr. S. Siddharth Son of Name not known The Principal Secretary, Department of Finance, Main Secretariat, Government of Bihar, Patna. 3.

Mr. Amir Subhani Son of Name not known Principal Secretary, Genral Administration Department, Main Secretariat, Patna. 4.

Mr. R.K. Mahajan Son of Name not known Principal Secretary, Education Department Government of Bihar, Patna.

5.

Mrs. Sangeeta Kumari Wife of Name not known The Regional Deputy Director Education Tirhut Range Muzaffarpur.

6.

Mr. Harendra Jah Son of Name knot Know The Regional Education Deputy Director Tirhut Range Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr. Priyadarshi Matri Sharan, AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-06-2023 Heard the parties.

The petition was preferred for compliance of the order

Patna High Court MJC No.2216 of 2019(5) dt.27-06-2023 2/3 dated 19.12.2018 in CWJC No.14558 of 2018 and the concluding part of the said order is as follows: "In such view of the matter, let the respondent authorities examine the case of the present petitioners vis-a-vis the case of the petitioners of C.W.J.C. No. 13577 of 2006 and if it is found that the facts, prayer and law of both the cases are identical, in such circumstance, the present petitioners will be given the same benefit as has been given to the petitioners of C.W.J.C.

No.13577 of 2006.

It is clarified that this Court is not giving any opinion on the merit of the case.

With the aforesaid observations and directions, this writ petition is disposed of."

Learned State counsel has brought on record the supplementary show-cause of opposite party no.5 the Regional Deputy Director, Tirhut Range, Muzaffarpur and has drawn attention of this Court to Annexure-D i.e. the reasoned order passed by the Director, Primary Education, Bihar, Patna vide Memo No.358 dated 08.03.2022 by which the claim of the petitioner has been rejected.

In that view of the matter the order stands complied.

Patna High Court MJC No.2216 of 2019(5) dt.27-06-2023 3/3 The petitioner is granted liberty to agitate the matter if he so wants.

The contempt petition stands disposed of with the aforesaid liberty.

(Rajiv Roy, J) Prakash Narayan /- U