Ranbir Kumar Singh And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12841 of 2016 ======================================================
1. Ranbir Kumar Singh, son of Sri Ram Dahin Singh, resident of villageBharauli, P.S.- Sonbarsa Kachahri, District- Saharsa.
2. Suryakant Chaudhary, son of Late Rameshwar Choudhary, resident of village- Datharaha, P.S.- Ghailardh, District- Madhepura.
3. Jai Shankar Jha, son of Late Sri Dharjha, resident of village- Sora, P.S.- Maranga, District- Purnea.
4. Mohan Choudhary son of Late Vaidehi Saran Choudhary, resident of village- Meghapur, P.S.- Sursand, District- Sitamarhi.
5. Binod Kumar Mandal, son of Sri Satya Narayan Mandal, resident of village- Hasanpur, ward no. 8, P.S. Raniganj, District0- Araria.
6. Ganesh Kumar Thakur son of Late Parmanand Thakur resident of Mohalla- Dallu Tola, Ward No. 19, Forbisganj, P.S.- Forbisganj, DistrictAraria.
7. Kumari Renu Bharti, wife of Sri Arvind Kumar Bharti, resident of village- Ranginia, P.S.- Simari Bakhtiarpur, District- Saharsa.
8. Upendra Prasad Sah son of Late Narayan Sah, resident of MohallaHridya Nagar, Ward No. 2, P.S.- Bamankhi, District- Purnea.
9. Badri Narayan Mahtoo son of Late Vijadhar Mahto, resident of villageOlapur, P.S.- Pirpaiti, District- Bhagalpur.
10. Munindra Mandal son of Lal Nand Kishore Mandal, resident of villageDhuabai, P.S.- Sanokhar, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Departmental Promotion Committee of S.E.S. Cadre (Primary Wing) through it's Chairman New Secretariat, Patna.
3. The Director (Primary Education) New Secretariat, Patna. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.16963 of 2016 ======================================================
1. Anil Kumar Verma son of Late Upendra Prasad resident of MohallaSipahi Tola behind Panchawati, P.S.- Khajanch Hat, District- Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department.
2. The Department Promotion Committee of S.E.S. Cadre (Primary Wing) through its Chairman, New Secretariat, Patna.
3. The Director, (Primary Education) New Secretariat, Patna. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.15804 of 2016
Patna High Court CWJC No.12841 of 2016 (5) dt.17-01-2018 2/3 ======================================================
1. Kumar Amrendra son of Ram Pravesh Tiwary resident of village - Ganesh Pati, P.S. - Bheldy, District - Saran.
2. Mahanand Jha son of Late Sahadev Jha Resident of Village - Bhrampur, P.S. - Bihapur, District - Bhagalpur.
3. Pramod Chandra Chaudhary son of Late Surya Narayan Chaudhary Resident of village - Marwa, P.S. - Bihapur, District - Bhagalpur.
4. Md. Habib Alam son of Late Huji Abdul Gadir resident of Amadanda, P.S. - Amadamda, District - Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department.
2. The Departmental Promotion Committee of S.E.S. Cadre (Primary Wing) through it's Chairman New Secretariat, Patna.
3. The Director (Primary Education) New Secretariat, Patna. .... .... Respondent/s ====================================================== Appearance :
(In CWJC No.12841 of 2016) For the Petitioner/s : Mr. Pratap Sharma For the Respondent/s : Mr. Hitesh Suman-Sc13 (In CWJC No.16963 of 2016) For the Petitioner/s : Mr. Pratap Sharma For the Respondent/s : Mr. Hitesh Suman- Sc13 (In CWJC No.15804 of 2016) For the Petitioner/s : Mr. Pratap Sharma For the Respondent/s : Mr. Hitesh Suman -Sc13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
Learned counsel for the petitioners referring to Annexure-6 submits that the case of the petitioners is covered by the decision of this court contained in Annexure-6. Counsel appearing on behalf of the State submits that the issue raised in the writ petition vis a vis contained in
Patna High Court CWJC No.12841 of 2016 (5) dt.17-01-2018 3/3 Annexure-6 has to be examined by the department. Considering the aforesaid, the writ petition is disposed of with direction to respondent Principal Secretary who shall consider the case of the petitioners and if the case of the petitioners is covered by the decision of this court contained in Annexure-6 he shall consider the case of the petitioners in accordance with law and extend similar benefit to the petitioners like the petitioner(s) of Annexure-6. Such exercise must be completed by the respondent Principal Secretary within a period of three months from the date of receipt/production of a copy of this order.
It is made clear that this court has not expressed any opinion on the claim of the petitioners as to the similarity of the case of the petitioners with Annexure-6. It is up to the department to examine the record and decide the issue within the time frame indicated hereinabove.
With the aforesaid, the writ petition stands disposed of.
(Anil Kumar Upadhyay, J) Ravi/- U