Pawan Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12602 of 2013 ====================================================== 1.

Pawan Kumar, son of late Chandrika Prasad Yadav, resident of village Barari, P.S. Chanan, District- Lakhisarai, presently posted as Assistant Teacher in Middle School, Mahuliya, Chanan, Lakhisarai

2. Mohan Kumar, son of Late Pashupati Sharma, resident of village + P.O. Ramchandrapur P.S. Pipariya, District- Lakhisarai, presently posted as Assistant Teacher in Middle School, Walipur, Lakhisarai

3. Sanjay Kumar, son of late Brijnandan Singh, resident of village + P.O. Sahur, P.S. Suryagarha, District- Lakhisarai, presently posted as Assistant Teacher, Middle School Alinagar, Lakhisarai

4. Rakesh Kumar, son of late Raj Nandan Singh, resident of village - Sabikpur, P.S. & District- Lakhisarai, presently posted as Assistant Teacher, Middle School Balgudar, Lakhisarai 5.

Divesh Kumar Pankaj, son of late Balmiki Pandey, resident of village + P.O. Balgudar (Manik Chowk), P.S. and District- Lakhisarai, presently posted at Middle School Purani Bazar, Lakhisarai 6.

Uday Shankar Prasad Singh, son of late Ram Badan Singh, resident of village Pokhrama, P.S. Suryagarha, District- Lakhisarai, presently posted as Assistant Teacher, Middle School Rajauna Chauki, Lakhisarai 7.

Mukesh Kumar, son of Upendra Prasad Singh, resident of village + P.O. Salaunachak, P.S. & District- Lakhisarai, presently posted as Assistant Teacher, Middle School Balgudar, Lakhisarai 8.

Aman Kumar, son of Ram Nandan Singh, resident of village Mananpur, P.S. Chanan, District Lakhisarai, presently posted as Assistant Teacher, Middle School, Rewla Gopalpur Chanan, Lakhisarai ... ... Petitioner/s

Versus

1. The State Of Bihar

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

3. The District Education Officer, Lakhisarai,

4. The Regional Deputy Director, Munger Division, Munger

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

6. The District Programme Officer (Establishment) Lakhisarai

7. The District Magistrate, Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate Mr. Ram Vinay Pd. Singh @ Sanjay, Advocate For the Respondent/s :

Mr. Rajeshwar Singh, GA-X ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 10-08-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Patna High Court CWJC No.12602 of 2013 dt.10-08-2018 2/2

2. Learned counsel appearing on behalf of the petitioners submits that the case of the petitioners is covered by the judgment of this Court in LPA No. 286 of 2014 and relying the said decision CWJC No. 13734 of 2012 was disposed of on 31.07.2018 by this Court.

3. In view of the above, the writ petition is disposed of with a direction to the respondents to examine the claim of the petitioners and if it is found that there was laches on the part of the respondents in sending the petitioners for in-service training, the respondents have to work out the entitlement of trained scale either on completion of three years from the date of appointment or from 1.10.2003, whichever is later. Necessary decision in this regard must be taken by the respondents within a period of four months from the date of receipt/production of a copy of this order.

4. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.08.2018 Transmission Date