Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14981 of 2019 ====================================================== 1.

Rajesh Kumar Son of Late Hari Prasad Singh Resident of MohallaBhadauni, Ayodhya Colony Gaya Road, Gondapur, Police Station-Nawada, District-Nawada. At present posted and working as a Headmaster in Govt. Upgraded Middle School Olipur, Block-Narhat, District-Nawada 2.

Anil Kumar Son of Vasudeo Prasad Resident of Mohalla-Gopalnagar, Tekua Tand, Rajauli, Police Station-Rajauli, District-Nawada. At present posted and working as a Headmaster in Govt. Upgraded Middle School Punaul, Block-Narhat, District-Nawada 3.

Surendra Prasad Son of Late Bundi Prasad Resident of Village-Sonsa, Police Station-Hisua, District-Nawada. At present posted and working as a Headmaster in Govt. Upgraded Middle School Babhnaur, Block-Narhat, District-Nawada 4.

Deepak Kumar Son of Late Ganesh Rao Resident of Mohalla-Kurmi Tola, Police Station-Hisua, District-Nawada. At present posted and working as Headmaster in Govt. Upgraded Middle School Bhawanpur, Block-Narhat, District-Nawada 5.

Ashutosh Kumar Son of Sri Kapidhwaj Verma Resident of Village-Hasua Panchu, Police Station-Hisua, District-Nawada. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Kazipura, Block-Narhat, District-Nawada 6.

Syed Wasif Hasan Son of Late S.M. Hasan Resident of Village-Sheikhpura, Mirbagh, Police Station-Narhat, District-Nawada. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Milki, Block-Narhat, District-Nawada 7.

Suresh Mehta Son of Kashi Chaudhary Resident of Village-Bari Pali, Police Station-Narhat, District-Nawada. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Kajipura (Girl), BlockNarhat, District-Nawada 8.

Santosh Kumar Sinha Son of Late Akhileshwari Prasad Resident of Mohalla-Ayodhya Colony, Bhadauni, Gaya Road, Police Station-Nawada, District-Nawada. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Rampur, Block-Narhat, District-Nawada 9.

Chetan Anand Singh Son of Late Jagdish Prasad Singh Resident of MohallaPanchu Kachhari Road, Police Station-Hisua, District-Nawada. At present posted and working as a Headmaster in Govt. Upgraded Middle School Hajratpur, Block-Narhat, District-Nawada 10.

Vinod Kumar Son of Late Mukhlal Paswan Resident of Village-Saidpur, Police Station-Hisua, District-Nawada. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Taropur, Block-Narhat, District-Nawada 11.

Raj Kumar Paswan Son of Late Bheem paswan Resident of Village-Saidpur, Police Station-Hisua, District-Nawada. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Daulatpur, BlockNarhat, District-Nawada

2/4 12.

Arvind Kumar Son of Suresh Pandit Resident of Village-Derwan, P.S.- Akbarpur, District-Nawada. At present posted and working as a Headmaster in Govt. Upgraded Middle School Barahbatta, Block-Narhat, DistrictNawada 13.

Manoj Kumar Son of Late Bindeshwar Singh Resident of Mohalla-Gandhi Ashram, Near Shobhnath Mandir, P.S.-Nawada, District-Nawada. At present posted and working as Headmaster in Govt. Middle School Apsadh, Nepura, Block-Kashichak, District-Nawada 14.

Awadhesh Kumar Nalin Son of Ramautar Choudhary Resident of VillageDhamaul, P.S.-Hisua, District-Nawada. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Bara Karma, BlockNarhat, District-Nawada 15.

Ashok Kumar Son of Late Raghunath Sigh Resident of Village-Deora, P.S.- Narhat, District-Nawada. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Deora Bheskaur, BlockBheskaur, District-Nawada 16.

Sadanand Prasad Son of Late Shyamsunder Ram Resident of Mohalla-V.I.P. Colony, P.S.-Nawada, District-Nawada. At present posted and working as Headmaster in Govt. Upgraded Middle School Thalikala, Block-Govindpur, District-Nawada 17.

Arun Kumar Son of Suresh Kumar Resident of Village-Meskour, P.S.- Meskour, District-Nawada. At present posted and working as Headmaster in Govt. Upgraded Middle School Roh, Block-Roh, District-Nawada 18.

Md. Imtiyaz Haider Son of Md. Jamal Haider Resident of VillageBundelkhand, P.S.-Nawada, District-Nawada. At present posted and working as an Assistant Teacher in Govt. Urdu Upgraded Middle School Makhar, Block-Akbarpur, District-Nawada 19.

Chandehwar Son of Late Janak Pandit Resident of Village-Chak Par, P.S. Sirdala, District-Nawada. At present posted and working as Headmaster in Govt. Upgraded Middle School Murhena Urdu Rajauli, Block-Rajauli, District-Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary Department of Education, Government of Bihar, Patna 3.

The Principal Secretary Department of Finance, Government of Bihar, Patna 4.

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

The District Education Officer Nawada 6.

The District Programme Officer (Establishment) Nawada 7.

The Block Education Officer Narhat, Nawada 8.

The Block Education Officer Govindpur, Nawada 9.

The Block Education Officer Kashichak, Nawada 10.

The Block Education Officer Bheskaur, Nawada

3/4 11.

The Block Education Officer Roh, Nawada 12.

The Block Education Officer Akbarpur, Nawada 13.

The Block Education Officer Rajauli, Nawada 14.

The District Accounts Officer Nawada 15.

The District Treasury Officer Rajauli, Nawada 16.

The District Treasury Officer Nawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Jitendra Kumar Roy ( Sc13 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-07-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Learned counsel for the petitioners submits that the case of the petitioners is covered by the decision in C.W.J.C. No. 6139 of 2007 vide order dated 31.03.2011 which was affirmed by the LPA Court in LPA No. 756 of 2015 vide order dated 16.08.2017.

Considering the aforesaid submission, the writ petition is disposed of with a direction to the respondents to examine the case of the petitioners in light of the decision in C.W.J.C. No. 6139 of 2007 vide order dated 31.03.2011 and LPA No. 756 of 2015 vide order 16.08.2017 and take appropriate decision granting similar benefit to the petitioners on verification of record, if it is found that the case of the petitioners is similar that the case of the petitioner in C.W.J.C.

4/4 No. 6139 of 2007 vide order dated 31.03.2011 and LPA No. 756 of 2015 vide order dated 16.08.2017.

Necessary decision in this regard must be taken by the respondents with all consequential benfits within a maximum period of three months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of. .

(Anil Kumar Upadhyay, J) mdrashid/- U