Mazhar Alam And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7711 of 2016 1.
Raju Baitha and Ors son of Sri Daroga Baitha Resident of village Basmanpur Agarwan, Post Palanwa, Police Station - Mofussil Motihari, District - East Champaran.
2.
Mahesh Baitha son of Sri Bunda Baitha Resident of village Godhwa, Post Palanwa, Police Station - Mofussil Motihari, District - East Champaran. 3.
Paritosh Kumar son of Late Devdhari Ram Resident of village Ajgari Math, Police Station - Banjaria, District - East Champaran. 4.
Mahendra Ram son of Sri Dhodhai Ram Resident of village Jatwa, Post Siswania, Police Station - Banjaria, District - East Champaran. 5.
Sangeeta Kumari wife of Sri Ramashish Baitha Resident of village Chailahan Kudiya, Post Chailahan, Police Station Banjaria, District - East Champaran.
6.
Reena Kumari wife of Sri Sugriva Paitha Resident of village Chailahan Kudiya, Post Chailahan, Police Station Banjaria, District - East Champaran. 7.
Ranjit Kumar son of Late Badri Baitha Resident of village Siswa Kachhariya Tola, Post Siswa, Police Station - Banjaria, District - East Champaran.
8.
Sanjeet Kumar Baitha son of Sri Bhairon Baitha Resident of village Ruphara, Police Station - Shikarganj, District - East Champaran. 9.
Madan Baitha son of Sri Ram Sewak Baitha Resident of village Harbolwa, Post Kapur Pakdi, Police Station - Chiraiya, District - East Champaran. 10.
Rajesh Kumar son of Sri Ramadhar Ram Resident of village Shishwa Chobey Tola, Police Station - Paharpur, District - East Champaran. 11.
Krishna Kumar Ram son of Sri Tapsi Ram Resident of village Bankat, Post Paharia, Police Station - Paharpur, District - East Champaran. 12.
Birendra Ram son of Late Dhanesh Ram Resident of village Khairwa Kothi, Post Paharia, Police Station - Paharpur, District - East Champaran. 13.
Ramagya Ram son of Late Bhikhari Ram Resident of village Inglish, Post Nauwadih, Police Station - Paharpur, District - East Champaran. 14.
Ganesh Baitha son of Late Bindeshwari Baitha Resident of village Saraiya Baitha Tola, Police Station - Paharpur, District - East Champaran. 15.
Ranjeet Kumar Ram son of Sri Gudar Ram Resident of village and Post Phulwariya, Police Station - Sugauli, District - East Champaran. 16.
Ram Binay Kumar Ram son of Sri Basudev Ram Resident of village Devdatwa, Post Pajiarwa, Police Station - Sugauli, District - East Champaran.
17.
Jagdish Narayan Ram son of Sri Parikshan Ram Resident of village and Post Jitaura, Police Station - Madhuban, District - East Champaran. 18.
Ravikant Ram son of Sri Bilas Ram Resident of village Maripur Mal, Police
2/5 Station - Madhuban, District - East Champaran. 19.
Rekha Kumari wife of Sri Jaymangal Choudhary Resident of village Maripur Mallik, Police Station - Madhuban, District - East Champaran. 20.
Sanjay Ram son of Sri Mahendra Ram Resident of village Gulabkhan Vrity, Post Rupni, Police Station - Madhuban, District - East Champaran. 21.
Rambha Devi wife of Sri Lal Babu Ram Resident of village Gulabkhan Vrity, Post Rupni, Police Station - Madhuban, District - East Champaran. 22.
Pappu Baitha son of Sri Anup Baitha Resident of village and Post Telhara Kala, Police Station - Kumdwa Chainpur, District - East Champaran. 23.
Surendra Baitha son of Late Baskit Baitha Resident of village and Post Karmawa, Police Station - Dhaka, District - East Champaran. 24.
Ram Bharosh Ram son of Sri Badri Ram Resident of village and Post Karsahiya, Police Station - Dhaka, District - East Champaran. 25.
Baidyanath Kumar Manjhi son of Sri Horil Manjhi Resident of village Yadopur Nanhakar, Post Karmawa, Police Station - Dhaka, District - East Champaran.
26.
Gudiya Kumari wife of Sri Ranjit Kumar Resident of village and Post Jagapakar, Police Station - Harsiddhi, District - East Champaran. 27.
Gyanti Kumari wife of Sri Ashok Ram Resident of village Jailmurarpur, Post Murarpur, P.S. Harsidhi, District - East Champaran. 28.
Baby Kumari wife of Sri Vikash Kumar Resident of village Kritpur Police Station - Harsiddhi, District - East Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Director, Primary Education, Bihar, Patna. 3.
The District Magistrate, East Champaran at Motihari. 4.
The District Education Officer, Motihari, East Champaran. 5.
The District Programme Officer Training RMSA and Literacy, East Champaran.
6.
The Block Education Officer, Motihari Sadar Block, Motihari, East Champaran.
7.
The Block Education Officer, Banjaria Block, Motihari, East Champaran. 8.
The Block Education Officer, Chiraiya Block, Motihari, East Champaran. 9.
The Block Education Officer, Paharpur Block, Motihari, East Champaran. 10.
The Block Education Officer, Sugauli Block, Motihari, East Champaran. 11.
The Block Education Officer, Madhuban Block, Motihari, East Champaran. 12.
The Block Education Officer, Dhaka Block, Motihari, East Champaran. null 13.
The Block Education Officer, Harsiddhi Block, Motihari, East Champaran. ... ... Respondent/s
3/5 with Civil Writ Jurisdiction Case No. 8475 of 2016
1. Mazhar Alam, son of Abdul Hussain, Resident of village-Saraiya Bazaar, Police Station-Paharpur, District-East Champaran.
2. Naseem Alam, son of Noor Alam, Resident of village Sariaya Bazaar, Police Station-Paharpur, District-East Champaran.
3. Anwarul Ali, son of Mainuddin Mistri Resident of village Lagunia Bazaar, Police Station-Paharpur, District-East Champaran.
4. Mohd. Amir Hasan, son of Butan Ali alias Butan Mian, Resident of village Sariaya Bazaar, Police Station-Paharpur, District-East Champaran.
5. Mohd. Wasim Akhtar, son of Sadik Ansari, Resident of village Amwaa Vrit, , Police Station-Paharpur, District-East Champaran.
6. Mohd. Alauddin, son of Jalaluddin Ansari, Resident of village Siswa Bazaar, Police Station-Paharpur, District-East Champaran.
7. Reyazul Haque, son of Samsul Mian, Resident of village Raghunathpur, P.S.- Paharpur, District- East Champaran.
8. Kalamin Nesha, daughter of Sanaullah Ansari, Resident of village Raghunathpur, P.S.- Paharpur, District- East Champaran.
9. Sanjeeda Khatoon, daughter of Salim Ansari, Resident of village Noniya Choubey Tola, P.S.- Paharpur, District- East Champaran.
10. Azmera Khatoon, daughter of Manir Ansari, Resident of village Saraiya Khaira Tola, P.S.- Paharpur, District- East Champaran.
11. Vozaira Khatoon, daughter of late Harun Rashid, Resident of village Lagunia, P.S.- Paharpur, District- East Champaran.
12. Saheb Ali, son of late Harun Rashid, Resident of village Lagunia, P.S.- Paharpur, District- East Champaran.
13. Manjoor Alam, son of Mohd. Kamalnain, Resident of village Lagunia, P.S.- Paharpur, District- East Champaran.
14. Maksood Alam, son of Jaan Mohammed, Resident of village Lagunia, P.S.- Paharpur, District- East Champaran.
15. Parwej Alam, son of Yakub Ansari, Resident of village Areraj, P.S.- Govindganj, District- East Champaran.
16. Asgar Ansari, son of Imamul Hasan, Resident of village Areraj, P.S.- Govindganj, District- East Champaran.
17. Iftekhar Subhani, son of late Naseer Ahmed Ansari, Resident of village Areraj, P.S.- Govindganj, District- East Champaran.
18. Faiyaz Ahmed, son of Lazim Mahmed, Resident of village Pipra, P.S.- Govindganj, District- East Champaran.
19. Fatima Khatoon, daughter of Vakil Mian, Resident of village Saraiya, P.S.- Govindganj, District- East Champaran.
20. Sohrab Hussain, son of Khalil Hussain, Resident of village Saraiya, P.S.- Govindganj, District- East Champaran.
21. Mojamil Hussain, son of Islam Mian, Resident of village Saraiya, P.S.- Govindganj, District- East Champaran.
22. Mohd. Sahim, son of Azim Mian, Resident of village Saraiya, P.S.- Govindganj, District- East Champaran.
23. Shamima Khatoon, wife of Khalil Ansari, Resident of village Saraiya, P.S.- Govindganj, District- East Champaran.
24. Mohd. Samsuddin, son of Jumarati Mian, Resident of village Saraiya Gopal, P.S.- Patahi, District- East Champaran.
4/5
25. Mohd. Sahabuddin, son of Mohd. Sultan Mian, Resident of village Kachurbari, P.S.- Adapur, District- East Champaran.
26. Nasima Praveen, wife of Hafijullah, Resident of village Kachurbari, P.S.- Adapur, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna
2. The Director, Primary Education, Bihar, Patna High Court
3. The District Magistrate, East Champaran at Motihari.
4. The District Education Officer, Motihari, East Champaran
5. The District Programme Officer (Training RMSA & Literacy), Motihari, East Champaran.
6. The District Programme Officer, Sarva Shiksha Abhiyan, Motihari
7. The Block Education Officer, Paharpur block, East Champaran
8. The Block Education Officer, Areraj Block, East Champaran
9. The Block Education Officer, Patahi Block, East Champaran
10. The Block Education Officer, Adapur Block, East Champaran. ... ... Respondent/s Appearance :
(In Civil Writ Jurisdiction Case No. 7711 of 2016) For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Respondent/s :
Mr.Manish Kumar- Gp8 (In Civil Writ Jurisdiction Case No. 8475 of 2016) For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Respondent/s :
Mr.Gp20- Nadeem Seraj CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-08-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.
Considering the stand taken by the respondents in para-8 of the counter affidavit, the Court is not inclined to grant any indulgence in the writ application. However, liberty shall be available to the petitioners to approach the District Programme Officer (Literacy), East Champaran.
In the event, the respondents come to a conclusion that there is no hanky-panky or infirmity in the appointment of
5/5 the petitioners and in such situation, the respondent District Programme Officer (Literacy),East Champaran shall consider the issue of payment of salary for the period the petitioners have actually worked at the earliest preferably within a period of sixty days.
With the aforesaid, the writ application stands disposed of.
(Anil Kumar Upadhyay, J) Ravi/- U