← Library
Patna High CourtCWJC/10622/2017disposed

Sanjay Kumar Ray And ORS v. The State Of Bihar And ORS

2018-05-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10622 of 2017 ======================================================

1. Sanjay Kumar Ray, son of Keshwar Ray, Resident of VillageKursaha, Police Station- Mohiuddin Nagar, District- Samastipur.

2. Sunil Kumar, son of Kusheshwar Ray, Resident of VillageKursaha, Police Station- Mohiuddin Nagar, District- Samastipur.

3. Atul Kumar Singh, son of late Kusheshwar Prasad Singh, Resident of Village- Haraili, Police Station- Mohiuddin Nagar, District- Samastipur.

4. Pankaj Kumar Singh, son of Jagdish Singh, Resident of VillageHaraili, Police Station- Mohiuddin Nagar, District- Samastipur.

5. Manoj Kumar Singh, son of Yugal Singh, Resident of Village and Post- Chapar, Police Station- Mohiuddin Nagar, DistrictSamastipur.

6. Arun Kumar Singh, son of Surya Narayan Singh, Resident of Village- Jaunapur, Police Station- ............., DistrictSamastipur.

7. Vijay Kumar Ray, son of Late Ram Yatan Ray, Resident of Village- Mahamadpur Kumaiya, Police Station- Mohiuddin Nagar, District- Samastipur.

8. Basudev Sahani, son of Banshi Sahani, Resident of VillageHemanpur, Police Station- Mohiuddin Nagar, DistrictSamastipur,

9. Bimal Sahani, son of Muni Lal Sahani, Resident of VillageNarayanpur, P.S. Mohiuddin Nagar, District- Samastipur.

10. Tarak Sahani, son of Muni Lal Sahani, Resident of VillageNarayanpur, P.S.- Mohiuddin Nagar, District- Samastipur.

11. Tarak Nath Yadav, S/o Haradev Yadav, Resident of Village- 7 Saidapura, P.S.- Goreya Kothi, District- Saran. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, New Secretariat Vikash Bhawan, Bailey Road, Patna, Bihar.

2. The Director, Primary and Elementary Education, Human Resources Development Department, New Secretariat Vikash Bhawan, Bailey Road, Patna, Bihar.

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

4. The Commissioner, Muzaffarpur Division, Muzaffarpur.

5. That Commissioner, Darbhanga Division, Darbhanga.

6. The District Superintendent of Education, Samastipur.

7. The District Education Officer, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Respondent/s :

Mr. Umesh Narayan Dubey G.P-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-05-2018 Petitioners have filed the present writ application for a direction to the respondents to consider the case of the petitioners for absorption.

Patna High Court CWJC No.10622 of 2017(2) dt.07-05-2018 2/2 The petitioners were engaged as non-formal Instructor and Supervisor in the Departmaent of non-formal and Adult Education which was subsequently closed in midway. Considering the fact that a co-ordinate bench of this Court has already issued a direction to the respondents to consider the case of the petitioners of C.W.J.C. No. 8418 of 2010 for absorption on Class III and IV post. The said decision of the Single Judge was upheld by the Division Bench in LPA No. 1489 of 2011 and several orders were passed by this court as well as Apex Court in connection with absorption of erstwhile instructor and supervisor.

Considering the aforesaid, the writ petition is disposed of with direction to the respondents to consider the case of the petitioners in the light of the decision in C.W.J.C. No. 8414 of 2010 as affirmed by the Division Bench in LPA No. 1489 of 2011. if the case of the petitioners is similar to the case of the petitioners as mentioned above, same benefit should be extended to these petitioners also.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U