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Patna High CourtCWJC/3229/2021disposed

Radheshyam Singh v. The State Of Bihar Through The Chief Secretary,

2024-08-22Mr. Justice Anjani Kumar Sharan6 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3229 of 2021 ====================================================== 1.

Radheshyam Singh son of Umashankar resident of village - Tetariyan, P.O. Laheri, P.S. Kochas, District- Rohtas at Sasaram, presently working as Headmaster, Middle School, Senuar, Block- Shivsagar, District- Rohtas at 2.

Rajiv Kumar Singh son of Late Shiv Kumar Singh resident of Mohalla - Company Sarai, Kali Asthan, P.O. and P.S. Sasaram, District- Rohtas at Sasaram, presently working as Headmaster, Middle School,Moresarai, Block- Shivsagar, District- Rohtas at Sasaram. 3.

Kaushal Kishore son of Late Kanhaiya Prasad Singh resident of village - Mahrodh, P.O. and P.S. Dinara, District- Rohtas ast Sasaram, presently working as Headmaster, Middle School, Muradabad, Block - Sasaram, 4.

Anil Kumar Singh son of Sri Moti Lal Singh resident of village - Haridaspur, P.O. Khudru, P.S. Kochas, District- Rohtas at Sasaram, presently working as Headmaster Government Middle School, Shivsagar, BlockShivsagar, District- Rohtas as Sasaram. 5.

Rameshwar Kumar son of Late Sahdev Singh resident of village - Patwadih, P.O. Dibhiyan, P.S. Kargahar, District -Rohtas at Sasaram, presently working as Headmaster, Upgraded Middle School, Dibhiyan, Block- Kargahar, 6.

Shripati Singh son of Late Nathuni Singh resident of village - Kasba, P.O. Dharupur, P.S. Karakat, District- Rohtas at Sasaram, presently working as Headmaster, Upgraded Middle School, Turti, Block - Bikramganj, District7. Sardar Bhagvant Singh son of Late Sardar Jagat Narayan Singh resident of village - Kajipura, P.O. and P.S. Sasaram, District- Rohtas at Sasaram, presently working as Headmaster, Middle School, Beda, Block - Sasaram, 8.

Antu Sah son of Late Gopal Sah resident of village - Pewandi, P.O. and P.S. Chenai, District- Rohtas at Sasaram, presently working as Headmaster, Middle School, Nad, Block- Shivsagar, District- Rohtas at Sasaram. 9.

Jitendra Kumar Singh son of Jaikrishna Singh resident of village and P.O. Thakur Parasiyan, P.S. Nasriganj, District - Rohtas at Sasaram, presently working as Headmaster, Upgraded Middle School,Uday Dhiri, BlockBikramganj, District- Rohtas at Sasaram. 10.

Dilip Kumar Singh son of Late Motilal Singh resident of village and P.O. Balathri, P.S. Kochas, District Rohtas at Sasaram, presently working as Headmaster, Middle School, Belwaiyan, Block- Dinara, District- Rohtas at 11.

Anil Kumar Singh son of Shri Rambali Singh resident of village - Gajradh, P.O. Sasaram, District- Rohtas at Sasaram, presently working as Headmaster, Upgraded Middle School, Songavan, Block- Sasaram, District12. Kumud Ranjan Bharti son of Late Sri Bhagwan Bharti resident of village -

2/6 Laruin, P.O. Kaniyari, P.S. Kargahar, District- Rohtas at Sasaram, presently working as Headmaster, Middle School, Pithni, Block- Dinara, District13. Rambali Singh son of Ramashish Singh resident of village - Niranjanpur, P.O. Karhansi, P.S. Dinara, District- Rohtas at Sasaram, presently working as Headmaster, Middle School,Sirkhinda, Block- Nokha, District- Rohtas. 14.

Janardan Prasad son of Late harisharan Singh resident of village - Khetalpur, P.O. Larmaini, P.s. Sanjhouli, District- Rohtas at Sasaram, presently working as Headmaster, Upgraded Middle School, Samahuta, Block - Sanjhouli, District- Rohtas.

15.

Bindu Prasad son of Sri Ram Bachan Singh resident of village - Burhwal, P.O. and P.S. Karakat, District - Rohtas at Sasaram, presently working as Headmaster, Government Middle School, Itimha Krma, Block - Nasriganj, 16.

Vinod Kumar son of Sri Ram Pujan Singh resident of village - Sohda, P.O. Kachhawan, P.S. Karakat, District Rohtas at Sasaram, presently working as Headmaster, Upgraded Middle Baliyan, Block - Nasriganj, District- Rohtas at Sasaram.

17.

Kumari Usha Sinha wife of Sri Baijnath Sing resident of Mohalla - Satedar Lamberdar Gali, P.O. and P.S. Sasaram, District- Rohtas at Sasaram, presently working as Headmistress, Shankar Middle School, Takiya, Block - Sasaram, District- Rohtas at Sasaram.

18.

Jeet Narayan Singh son of Late Vishwanath Singh resident of village - Purhara, P.O. Barhari, P.S. Kargahar, District- Rohtas at Sasaram, presently working as Headmaster, Upgraded Middle School, Bharasara, Block - Kochas, District- Rohtas at Sasaram.

19.

Vijay Shankar Prasad son of Late Ramdayal Prasad resident of village and P.O. Kharari, P.S. Nokha, District- Rohtas at Sasaram, presently working as Headmaster, Upgr5aded Middle School, Levanda, Block- Nokha, District20. Uma Shankar Singh son of Late Maharaj Singh resident of village - Karup, P.O. Malwar, P.S. Shivsagar, District- Rohtas at Sasaram, presently working as Headmaster, Middle School, Patadhi, Block - Shivsagar, District Rohtas at Sasaram.

21.

Om Prakash Singh son of Late Janki Singh resident of village and P.O. Kushi, P.S. Karakat, District- Rohtas at Sasaram, presently working as Headmaster, Middle School, Shivpur, Block - Dehri, District- Rohtas at 22.

Birendra Kumar Singh son of Late Damodar Singh resident of village and P.O. Sadokhar, P.S. Chenari, District- Rohtas at Sasaram, presently working as Headmaster, Middle School, Baddi, Block- Shivsagar, District- Rohtas at 23.

Arun Kumar Singh son of Late Daroga Singh resident of village and P.O. Sikarian, P.S. Sasaram, District- Rohtas at Sasaram, presently working as Headmaster, Up-graded Middle School, Semra, Block - Bikramganj, 24.

Sanjay Kumar Sinha son of Late Lakshmi Narayan Sinha resident of 11 B,

3/6 Santoshi Maa Path, Gaurakshani, P.O. and P.S. Sasaram, District - Rohtas at Sasaram, presently working as Headmaster, Middle School, Ropahtha, Block - Nokha, District- Rohtas at Sasaram.

25.

Dipnarayan Singh son of Late Parshuram Singh resident of village Mohaddiganj, P.O. and P.S. Sasaram, District- Rohtas at Sasaram, presently working as Headmaster, Up-graded Middle School, Vishrampur, Block - Sasaram, District- Rohtas at Sasaram.

26.

Bharat Ram son of Late Ramashish Ram resident of village - Belaspur, P.O. Ghordihan, P.S. Kargahar, District- Rohtas at Sasaram, presently working as Headmaster, Up-graded Middle School, Chandwan, Block - Shivsagar, 27.

Kameshwar Singh son of Late Anrath Singh resident of village and P.O. Dhangain, P.S. Bikramganj, District- Rohtas at Sasaram, presently working as Headmaster, Up-graded Middle School, Redia, Block - District- Rohtas at 28.

Bibha Kumari wife of Shri Kailashpati Choudhary resident of Mohalla - Gajradh, P.O. and P.S. Sasaram, District- Rohtas at Sasaram, presently working as Headmistress, Nationalized Middle School, Gaurakshani, BlockSasaram, District- Rohtas at Sasaram. 29.

Ramdeo Prasad son of Late Shiv Charan Ram, resident of village, P.O. and P.S. Nokha, District- Rohtas at Sasaram, presently working as Headmaster, Sarovday Middle School, Nokha, Block- District- Rohtas at Sasaram. 30.

Ghurfekan Choudhary son of Jag Narayan Choudhary resident of villge - Anhari, P.O. Gara, P.S. Kochas, District- Rohtas at Sasaram, presently working as Headmaster, Up-graded Middle School, Saroser, Block - Kochas, 31.

Anita Kumari wife of Dinanath Singh resident of village - Patwadih, P.O. Dibhiyan, P.S. Kargahar, District- Rohtas at Sasaram, presently working as Headmastress, up-graded Middle School, Baradih, Block - Kochas, District32. Abhay Bahadur Rai son of Late Lal Bihari Rai resident of village - Khairahin, P.O. Pochpokhari, P.S. Nokha, District- Rohtas at Sasaram, presently working as Headmaster, Up-graded Middle School, Mahuari, Block - Rajpur, District-Rohtas at Sasaram.

33.

Md. Moniruddin Taini son of Late Sarfuddin resident of village and P.O. Nauwan, P.S. Kochas, District- Rohtas at Sasaram, presently working as Headmaster, Middle School, Dinara, Block Dinara, District- Rohtas at 34.

Ravindra Rai son of Late Sant Rai resident of village - Bhaisahin Khurd, P.O. Kaarup Indrahiyan, P.S. Sasaram, District- Rohtas at Sasaram, presently working as Headmaster, Middle School, Baradhi, Block - Sasaram, District35. Parwej Hussain son of Md. Usman Ghani resident of village - Chowkhandi, P.O. and P.S. Sasaram, District- Rohtas at Sasaram, presently working as Headmaster, Middle School, Kumhau, Block - shivsagar, District - Rohtas at 36.

Motilal Paswan son of Bhikhari Paswan resident of village and P.O.

4/6 Panapur, P.S. Kargahar, District - Rohtas at Sasaram, presently working as Headmaster, Middle School, Tekari, Block - Chenari, District- Rohtas at 37.

Sheshnath Kumar son of Late Shivmuni Ram, resident of village - Ghasa, P.O. Doiyan, P.S. Dinara, District -Rohtas at Sasaram, presently working as Headmaster, Middle School, Parasathuan, Block - Kochas, District- Rohtas at Sasaram.

38.

Manoj Kumar Gupta son of Late Shambhu Prasad Gupta resident of village P.O. and P.S. Sanjhauli, District - Rohtas at Sasaram, presently working as Headmaster, G.S Middle School, Sanjhauli, Block, District- Rohtas at 39.

Shrikant Ojha son of Sri Ramnath Ojha resident of village - Barna, P.O. Rajpur, P.S. Nokha, District- Rohtas at Sasaram, presently working as Headmaster, Middle School, Kharari, Block - Nokha, District- Rohtas at 40.

Shriram Jalaj son of Late Raja Ram resident of village - Arang, P.O. Basdihan, P.S. Dinara, District Rohtas at Sasaram, presently working as Headmaster, Up-graded Middle School, Dighita, Block - District- Rohtas at 41.

Umesh Ram son of Sri Tulsi Ram Resident of village - Mokar, P.O. Agrer, P.S. Sasaram, District- Rohtas at Sasaram, presently working as Headmaster, Middle School, Semra, Block-, District- Rohtas at Sasaram. 42.

Ramashish Tiwary son of Late Parasnath Tiwary resident of village - Karari, P.O. Nad, P.S. Shivsagr, District- Rohtas at Sasaram, presently working as Headmaster, Middle School, Kothra, Block- District- Rohtas at Sasaram. 43.

Harihar Sharma son of Rambharat Vishwakarma resident of village - Ahraon, P.O. and P.S. Sasaram, District - Rohtas at Sasaram, presently working as Headmaster, Up-graded Middle School, Malwar, Block- District44. Pramod KUmar Tiwary son of Late Baban Prasad Tiwary resident of village and P.O. Suara, P.S. Rajpur, District- Rohtas at Sasaram, presently working as Headmaster, Up-graded Middle School, Kajaon-1, Block - Shivsagar, 45.

Sushil KUmar Rai son of Shri Rang Bahadur Singh resident of villageKhidkighat, P.O. and P.S. Sasaram, District- Rohtas at Sasaram, presently working as Headmaster, Middle School, Gurmukhi, Block District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Primary Education, Education Department, Government of Bihar, Patna.

4.

The District Education Officer, Rohtas at Sasaram, District- Rohtas at

5/6 5.

The District Programme Officer (Establishment), Rohtas at Sasaram, District 6.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 7.

The Secretary (Expenditure), Finance Department, Government of Bihar, Patna.

8.

The District Accounts Officer, Rohtas at Sasaram, District- Rohtas at ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Kumar Manglam, Adv.

For the State Mrs. Abhanjali,Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2024 Heard learned counsel for the parties.

2. A supplementary counter affidavit has been filed on behalf of the respondent no. 5, in which in para-11, it is stated that the benefit of graduate trained pay scale and post of Headmaster has been granted to the petitioner with other similarly situated teachers vide Memo No. L-2385 dated 05.07.2024, as such, the instant writ petition has become infructuous.

3. Considering the facts and circumstances of the case, this writ petition is disposed of with a direction to the petitioner to file representation before the District Education Officer, Rohtas at Sasaram (respondent no.4) along with all supporting judgments and documents within a period of two weeks and the respondent no.4 is well advised to consider the case of the petitioner after affording opportunity of personal

6/6 hearing or through his counsel and pass a reasoned and speaking order in accordance with law within six weeks thereafter. (Anjani Kumar Sharan, J) devendra/- U