Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16157 of 2021 ====================================================== 1.

Jitendra Singh son of Late Parsuram Singh Resident of Village- Pasiwarh, P.S.- M.H. Nagar, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School, Sawan Bigrah, Block- Daraunda, District- Siwan.

2.

Bashant Kumar son of Late Raja Narayan Singh Resident of Village- Goria Kothi, P.S.- Goria Kothi, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School, Hariharpur Kala, Block- Goria Kothi, District- Siwan.

3.

Dharmendra Kumar Shrivastava son of Gulabchand Prasad Resident of Village- Rukundipur, P.S.- Daraunda, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School, Maharajganj, District- Siwan.

4.

Om Kishor Roy son of Ramautar Singh Resident of Village- Sangrampur, P.S.- G.B. Nagar (Tarwara), District- Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School, Karanpura, Block- Goria Kothi, District- Siwan.

5.

Umesh Kumar Tiwary son of Parshuram Tiwary Resident of VillageKarpaliya, P.S.- Goria Kothi, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School, Sangrampur, Block- Goria Kothi, District- Siwan.

6.

Mithilesh Kumar son of Parmeshwar Prasad Resident of Village- Pasnauli, P.S.- Maharajganj, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School, Korari Kala, Block- Daraunda, District- Siwan.

7.

Mithilesh Kumar Tiwari son of Sunderman Ray Resident of Village- Korari Khurd, P.S. Daraunda, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Primary School, Sirsanaw, Block- Daraunda, District- Siwan.

8.

Amarnath Singh son of Dhupnath Singh Resident of Village- Ramgarha, P.S.- Daraunda, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Primary School, Sadiha, Block- Bhagwanpur Hat, District- Siwan.

9.

Akhilesh Kumar Shrivastav son of Vidyanand Das Resident of Village- Bal Bangra, P.S.- Daraunda, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School, Siktiya Lalji Tola, BlockMaharajganj, District- Siwan. 10.

Jay Kishor Singh son of Chhavila Singh Resident of Village- Piprahiya, P.S.- Bhagwanpur Hat, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Primary Kanya Vidyalaya, Mora, BlockBhagwanpur Hat, District- Siwan. 11.

Haricharan Yadav son of Bideshi Yadav Resident of Village- Koirgawan, P.S.- Bhagwanpur Hat, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School, Karmopur, Rukundipur, BlockDaraunda, District- Siwan.

2/4 12.

Arun Kumar Parimal son of Lakshuman Prasad Resident of Village- Harpur, P.S.- Goria Kothi, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School, Basanw, Block- Basantpur, District- Siwan.

13.

Kumari Anila Mishra wife of Ramendra Kumar Pathak Resident of VillageSuwhi, P.S.- Siswan, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Primary School, Nawalpur, Block- Maharajganj, District- Siwan.

14.

Dewmuni Yadav son of Mutur Yadaw Resident of Village- Machhauta, P.S. Daraunda, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Primary School, Korari Khurd, Block- Daraunda, DistrictSiwan. 15.

Shri Krishna Prasad son of Late Ram Dash Prasad Resident of VillageChhitauli Tola Chakiapar, P.S.- Goria Kothi, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School, Samardah, Block- Basantpur, District- Siwan.

16.

Vinay Kumar son of Dilip Narain Resident of Muhalla- Purani Bazar, Maharajganj, P.S. Maharajganj, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School, Baidapur, BlockDaraunda, District- Siwan. 17.

Ashok Kumar Singh son of Bishwanath Singh Resident of VillageMuhmmadpur Patti, P.S.- G.B. Nagar, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Primary School, Jhunapur, BlockPachrukhi, District- Siwan. 18.

Suman Kumari wife of Ashok Kumar Singh Resident of VillageMuhmmadpur Patti, P.S.- G.B. Nagar, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Primary School, Hakam, BlockPachrukhi, District- Siwan. 19.

Misbahual Haque son of Mahamad Ajam Resident of Village- Habibpur, P.S.- Barharia, District- Siwan. At present posted and working as an Assistant Teacher in Primary Maktab Rampur, Block- Pachrukhi, DistrictSiwan. 20.

Abid Hussain son of Shahabuddin Resident of Village- Chakia, P.S.- Siwan, District- Siwan. At present posted and working as an Assistant Teacher in Primary Makatab Hakam, Block- Pachrukhi, District- Siwan. 21.

Imamudding Ahmad son of Abdul Moghni Resident of VillageMahammadabad, P.S.- Barharia, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Urdu Middle School, Karbala, Block- Barharia, District- Siwan.

22.

Bed Prakash Aman son of Sudarshan Ram Resident of Village- Sarsar, P.S.- Siwan, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Primary School, Majhawalia, Block- Pachrukhi, DistrictSiwan. 23.

Lal Babu Singh son of Thakur Singh Resident of Village- Bilaspur, P.S. Bhagwanpur Hat, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School, Daraunda, Block- Daraunda, District- Siwan.

3/4 24.

Ramakant Giri son of Kapildeo Giri Resident of Village- Ukhai Mathiya, P.S.- Siwan, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Primary School, Rasulpur Uttari, District- Siwan. 25.

Kitabuddin Ansari son of Motiur Rahman Resident of VillageDhanchhuahan, P.S.- Maharajganj, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School, Sawan Bigrah, Block- Daraunda, District- Siwan.

26.

Sheojee Choudhary son of Lal Babu Choudhary Resident of VillageMandrauli, P.S.- M.H. Nagar, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School, Pachrukhi, BlockPachrukhi, District- Siwan. 27.

Birendra Kumar Pandey son of Ramdev Pandey Resident of Muhalla- Sivaji Nagar Nai Basti, Fatehpur, P.S.- Siwan, District- Siwan. At present posted and working as an Assistant Teacher in Govt. Middle School, Kachhari, Siwan, Block- Siwan Sadar, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna. 2.

The Principal Secretary, Finance Department, Govt. of Bihar, New Secretariat, Patna.

3.

The Secretary (Expenditure), Finance Department, Govt. of Bihar, New Secretariat, Patna.

4.

The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna. 5.

The District Education Officer, Siwan.

6.

The District Programme Officer (Establishment), Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Mishra, Adv.

For the Respondent/s :

Mr.Madhaw Prasad Yadaw ( Gp23 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 18-04-2022 Heard the parties.

The case is being taken up from the defect side. Learned counsel for the petitioners is directed to submit the original petition along with attested affidavits and also remove the defects pointed out by the Registry within two

4/4 weeks from today.

Considering it that this matter is covered by the judgment, dated 23.02.2022 passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vrs. The State of Bihar & Ors.) and connected matters reported in 2022(2) B.L.J., 381 and the judgment dated 07.03.2022, passed in C.W.J.C. No.34 of 2022 (Minakshi @ Sushre Minakshi & Ars. Vrs. The State of Bihar & Ors), this petition is disposed of with the above terms. If an appeal is preferred before the District Appellate Authority/State Appellate Authority the same shall be taken up at the earliest and preferably decided within a period of three months.

(Sanjeev Prakash Sharma, J) amit/- U