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Patna High CourtCWJC/1191/2015disposed

Rajendra Sahani And ORS v. The State Of Bihar And ORS

2016-05-03Mr. Justice Ajay Kumar Tripathi3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1191 of 2015 ===========================================================

1. Rajendra Sahani Son of Ramashish Sahni Resident of village + P.O. Pachtaki Yaddu, Ward No. 7, Police Station - Bairagania, District - Sitamarhi

2. Naz Parween W/o Md. Mohiuddin Gauhar Resident of village + P.O. Bhakurahar, Ward No. 17, Police Station - Bairagania, District - Sitamarhi

3. Satya Narayan Sah Son of Late Ram Swaroop Sah Resident of village + P.O. Bhakurahar, Ward No.1 7, Police Station - Bairagania, District - Sitamarhi

4. Ibrarul Haque son of Md. Ozair Resident of village + P.O. Bhakuraharu, Ward No. 16, Police Station - Bairagania, District - Sitamarhi

5. Chhote Lal Sah son of Late Raghunath Sah Resident of village + P.O. Bhakuraharu, Ward No. 16, Police Station - Bairagania, District - Sitamarhi

6. Satya Narayan Paswan C/o Ramdev Paswan Resident of village + Post Dumarwana, Police Station - Bairagania, District - Sitamarhi

7. Bharat Prasad C/o Ram Chandra Sah Resident of village Sekhauna, Post Dumarwana, Police Station - Bairagania, District - Sitamarhi

8. Ram Vinay Thakur Son of Khaheru Thakur Resident of village + P.O. Ashogi, Police Station - Bairagania, District - Sitamarhi

9. Pramod Sah Son of Satya Narayan Sah Resident of village - Masaha Alam, P.O. Bengahi, Police Station - Bairagania, District - Sitamarhi

10. Upendra Ram Son of Bhola Ram Resident of village + P.O. Jamua, Police Station - Bairagania, District - Sitamarhi

11. Basant Kumar C/o Bidhichandra Mahto Resident of village + P.O. Ashogi, Police Station - Bairagania, District - Sitamarhi

12. Chaturbhuj Paswan C/o Late Sukhdev Prasad Chaudhary Resident of village - Bairagania, Ward No. 6, Police Station - Bairagania, District - Sitamarhi

13. Ganaur Ram C/o Faguni Ram Resident of village + P.O. Jamua, Police Station - Bairagania, District - Sitamarhi

14. Lal Babu Bhagat C/o Rambriksh Bhagat Resident of village - Musachak Balua Tola, P.O. Bhakurahar, Police Station - Bairagania, District - Sitamarhi

15. Ram Sanehi Mahto Son of Mohipal Mahto Resident of village - Masha Narottam, P.O. Bengahi, Police Station - Bairagania, District - Sitamarhi

16. Sukhari Ram Son of Late Autar Ram Resident of village- Masha Narottam, P.O. Bengahi, Police Station - Bairagania, District - Sitamarhi

17. Ramnath Thakur C/o Ramashrya Thakur Resident of village - Ashogi Ward No. 7, Police Station - Bairagania, District - Sitamarhi

18. Raj Kumar Vishwakarma C/o Ramashray Thakur Resident of village - Ashogi Ward No. 7, Police Station - Bairagania, District - Sitamarhi

19. Bramhdev Ram S/o Satahu Ram Resident of village + Post Pachtaki Yadu, Police Station - Bairagania, District - Sitamarhi

20. Shiv Pujan Baitha Son of Ram Swarup Baitha Resident of village - Sekhauna, P.O. Dumarwana, Police Station - Bairagania, District - Sitamarhi

21. Raj Kumari Devi W/o Ashok Kumar Gupta Resident of village - Gheepati, Ward No. 11, Police Station - Bairagania, District - Sitamarhi

22. Manoj Kumar Baitha S/o Mahadev Baitha Resident of village + P.O. Ashogi, Police Station - Bairagania, District - Sitamarhi

23. Bachhan Ram Son of Bindeshwar Ram Resident of village - Pachtaki Ram, Post Pachtaki Yadu, Police Station - Bairagania, District - Sitamarhi

24. Khobhari Rai son of Bindu Rai Resident of village - Masaha Alam, P.O. Bengahi, Police Station - Bairagania, District - Sitamarhi

Patna High Court CWJC No.1191 of 2015 dt.03-05-2016 2/3

25. Vijayendra Kumar Son of Late Kasi Prasad At + P.O. + Police Station - Bairagania, District - Sitamarhi

26. Shankar Prasad Son of Ram Sevak Prasad Resident of village + P.O. Bhakurahar, Ward No. 18, Police Station - Bairagania, District - Sitamarhi

27. Krishna Kumar Prasad Son of Raj Kumar Singh Resident of village - Sekhauna, Ward No. 21, Nagar Panchayat Bairgania, Police Station - Bairagania, District - Sitamarhi .... .... Petitioner/s

Versus

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

2. The Director Mass Education, Govt. of Bihar, Patna

3. The Principal Secretary Education Department, Govt. of Bihar, Patna

4. The Principal Secretary Department of Personal and Administrative Reforms, Bihar, Patna

5. The District Magistrate, Sitamarhi

6. The District Education Officer, Sitamarhi .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Respondent/s : Mr. GA5- Jai Shankar Barnawal =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 03-05-2016 Heard learned counsel for the parties.

These petitioners are supposed to have worked on the post of Instructor under the erstwhile Department of Adult and Nonformal Education. Their demand for regularization etc. led to many a litigations. We are concerned with an order passed in a batch of writ applications, decided on 21.04.2011, contained in Annexure-3; the affirmation of the said decision by a Division Bench in L. P. A. No. 1489 of 2011; and the order passed by the Hon'ble Apex Court in SLP moved against the order of the Division Bench. The Court expresses no opinion on the merit of the claim

Patna High Court CWJC No.1191 of 2015 dt.03-05-2016 3/3 of the petitioners, except that the State will consider their claim within the parameters of the decision rendered in Annexure-3 as well as L. P. A. No. 1489 of 2011.

Writ application stands disposed off, accordingly. (Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 04.05.2016 Transmission Date