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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12665 of 2018 ======================================================

1. Abhay Kumar, Son of Upendra Prasad Mandal, Resident of Village- Rahata Chaumukh, P.S. + Block- Bihariganj, District- Madhepura.

2. Manoranjan Kumar, Son of Anandi Prasad Mandal, Resident of VillageTarnivasa, P.S. + Block- Puraini, District- Madhepura.

3. Kumari Lata, Wife of Arvind Prasad Yadav, Resident of Village- Rampur, P.S. + Block- Murliganj, District- Madhepura.

4. Nima Kumari, Wife of Pawan Kumar, Resident of Village- Rampur, P.S. + Block- Murliganj, District- Madhepura.

5. Jyoti Rani, Wife of Prabhakar Kumar, Resident of Village- Rajni P.S. + Block- Murliganj, District- Madhepura.

6. Sunil Thakur, Son of Bharat Tahkur, Resident of Village- Tamot Parsa, P.S. + Block- Murliganj, District- Madhepur.

7. Mohammad Shamshad Alam, Son of Md. Mazoor, Resident of village- Pali, P.S. + Block- Ghanshyampur, District- Darbhanga.

8. Md. Iftekhar Ali Ansari, Son of Md. Abdul Ghaffar, Resident of Village- Lal Kuria, P.S. + Block- Kumar Khand, District- Madhepura.

9. Naresh Kumar Mehta, Son of Kamleshwari Mehta, Resident of VillageMangarwara, P.S. + Block- Kumar Khand, District- Madhepura.

10. Nutan Kumari, Wife of Sujeet Kumar, Resident of Village- Nirpur, P.S. Dhamdaha, District- Purnea.

11. Santu Kumar Yadav, Son of Indra Mohan Yadav alias Sri Indra Mohan Prasad Yadav, Resident of Village- Kapsia, P.S.- Kishunpur Ratwara, BlockAlamnagar, District- Madhepura.

12. Binod Kumar, Son of Kailash Poddar, Resident of Village- Khapur, P.S. Kishanpur, Ratwara, Block- Alamnagar, District- Madhepura.

13. Santosh Kumar, Son of Akhilesh Prasad Yadav, resident of VillageJeevachhpur, P.S. + Block- Gamharia, District- Madhepura.

14. Rajiv Kumar, Son of Vasudev Mandal, Resident of Village Dibra, P.S. B. Kothi, District- Purnea.

15. Sharavan Kumar, Son of Naval Kishor Yadav, Resident of Village- Haldibari, P.S. B. Kothi, District- Purnea.

... ... Petitioner/s

Versus

1. The State of Bihar,

2. The Principal Secretary, Department of Human Resources Development Govt. of Bihar, Patna.

3. The Director, Primary Education Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Qumrul Hoda For the Respondent/s :

Mr. Kumar Kamal Nayan, AC to -Sc28 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2018 Heard learned Counsel for the petitioners and the

Patna High Court CWJC No.12665 of 2018(2) dt.20-12-2018 2/2 learned Counsel for the respondent State.

Learned Counsel for the petitioners submits that the claim of the petitioners should be directed to be considered by the State authorities with reference to the facts, law and relief and if the same is found covered by the case of Praful Kumar Mandal Vs. The State of Bihar & ors. In CWJC No. 1109 of 2017, same benefits should be extended to the petitioners. The prayer is made relying upon the order dated 19.9.2018 passed in CWJC No. 13677 of 2016.

In view of the aforesaid submission this Court would pass the same order in favour of the petitioners as has been passed in the case of Pramod Kumar & ors. vs. The State of Bihar & ors ( CWJC No. 13677 of 2016).

In such view of the matter, the concerned authority is directed to examine the facts, law and relief of the case of petitioners and if it is found that present case is squarely covered by the aforesaid case the same benefit should also be extended to the petitioners. Whole process must be completed within a period of four months from the date of receipt/production of a copy of this order.

With the aforesaid observations and directions this writ petition is disposed of.

(Madhuresh Prasad, J) SNkumar/- U