Suresh Kumar Mehto v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15902 of 2019 ====================================================== 1.

Suresh Kumar Mehto Son of Mahabir Mehto Resident of VillageMahammadpur, Police Station- Kadwa, District- Katihar. 2.

Pran Kumar Son of Late Janardan Prasad Singh Resident of VillageChandpur, Police Station- Kadwa, District- Katihar. 3.

Dilip Kumar Son of Late Anant Lal Yadav Resident of Village- Nandanpur, Police Station- Kadwa, District- Katihar.

4.

Ashok Kumar Sah Son of Late Rameshwar Sah Resident of Village- Kadwa, Police Station- Kadwa, District- Katihar.

5.

Pratima Kumari Wife of Manoj Kumar Mehta Resident of VillageMahammadpur, Police Station- Kadwa, District- Katihar. 6.

Soni Kumari Wife of Gautam Kumar Yadav Resident of Village- Kumharva, Police Station- Kadwa, District- Katihar.

7.

Ram Dulari Devi Wife of Dilip Das Resident of Village- Gopinagar, Police Station- Kadwa, District- Katihar.

8.

Rani Kumari Daughter of Muneshwar Paswan Resident of Village- Indra Nagar Laliyahi, Police Station- Katihar (Muffasil), District- Katihar. 9.

Rubi Devi Wife of Pramod Kumar Poddar Resident of Village- Kanta, Police Station- Kadwa, District- Katihar.

10.

Saroj Kumari Daughter of Ram Binod Sharma Resident of VillageKumhari, Police Station- Kadwa, District- Katihar. 11.

Pappu Ram @ Pappu Kumar Ram Son of Gunt Lal Ram Resident of Village- Sagrath, Police Station- Kadwa, District- Katihar. 12.

Satya Narayan Yadav Son of Shibulal Yadav Resident of Village- Sadapur, Police Station- Baliya Belon, District- Katihar. 13.

Arti Devi Wife of Raj Kumar Rai Resident of Village- Jalkar, Police StationBaliya Belon, District- Katihar. 14.

Md. Ajam Son of Md. Mohiuddin Resident of Village- Mahinagar Raiyapur, Police Station- Baliya Belon, District- Katihar. 15.

Rahena Khatoon Wife of Salim Jarahi Resident of Village- Vidhanpur, Police Station- Baliya Belon, District- Katihar. 16.

Sanjay Kumar Ghosh Son of Gyanendra Kumar Ghosh Resident of VillageBaliya Naya Tola, Police Station- Belon Belon, District- Katihar. 17.

Kumari Bobita Bharti Wife of Sanjay Kumar Singh Resident of VillagePakariya Khari, Police Station- Baliya Belon, District- Katihar. 18.

Chitranjan Prasad Das Son of Sushil Chandra Das Resident of VillageRoshanganj, Police Station- Baliya Belon, District- Katihar. 19.

Parwati Devi @ Parwati Kumari Wife of Chandan Thakur Resident of Village- Ramnagar Shekhpura, Police Station- Baliya Belon, DistrictKatihar. 20.

Rina Devi Wife of Tara Chandra Mahaldar Resident of Village- Dhangi Piyalpur, Police Station- Baliya Belon, District- Katihar

2/4 21.

Manju Devi Wife of Nand Kishore Gupta Resident of Village- Sonali, Police Station- Kadwa, District- Katihar.

22.

Krishna Mohan Mistri Son of Tupai Mistri Resident of Village- Kabaiya Bishanpur, Police Station- Kadwa, District- Katihar. 23.

Afsana Khatoon Wife of Md. Imam Resident of Village- Kawaiya, Police Station- Kadwa, District- Katihar.

24.

Md. Firoj Alam Son of Md. Tasnif Hussain Resident of Village- Tetliya Ufrail, Police Station- Kadwa, District- Katihar. 25.

Kishwar Jaha Wife of Md. Ragib Alam Resident of Village- Parliya, Police Station- Kadwa, District- Katihar.

26.

Sajiya Khatoon Wife of Tausif Alam Resident of Village- Bijhara, Police Station- Baliya Belon, District- Katihar.

27.

Md. Mujmmil Aalam Son of Md. Israil Resident of Village- Dilshadpur, Police Station- Baliya Belon, District- Katihar. 28.

Sebi Khatoon Wife of Md. Jawed Alam Resident of Village- Dilshadpur, Police Station- Baliya Belon, District- Katihar. 29.

Najera Khatoon Ismail Resident of Village- Ratni, Police Station- Kadwa, District- Katihar.

30.

Punam Kumari Wife of Madan Mohan Prasad Resident of Village- Sagarath, Police Station- Kadwa, District- Katihar.

31.

Transar Rai Son of Hemant Rai Resident of Village- Mallikpur Benijalalpur, Police Station- Salmari, District- Katihar.

32.

Satya Ranjay Das Son of Malini Kumar Das Resident of Village- Belon Harnathpur, Police Station- Baliya Balon, District- Katihar. 33.

Archna Kumari Wife of Hardev Sharma Resident of Village- Minapur, Police Station- Salmari, District- Katihar.

34.

Priyanka Devi @ Kumari Priyanka Wife of Binod Das Resident of VillageMallikpur, Police Station- Balia Balon, District- Katihar. 35.

Manwara Khatoon Daughter of Mohammad Amin Resident of VillageShialpara, Police Station- Balrampur, District- Katihar. 36.

Md. Haroon Rashid Son of Md. Nurul Islam Resident of Village- Navadih, Police Station- Barari, District- Katihar.

... ... Petitioner/s

Versus

1.

The Union of India Through Joint Secretary-cum-Director-in-Chief National Literacy Mission Authority, Human Resources Development Department, School Education and Literacy Department, Shastri Bhawan, New Delhi. 2.

The Joint Secretary-cum-Director-in-Chief National Literacy Mission Authority, Human Resources Development Department, School Education and Literacy Department, Shastri Bhawan, New Delhi. 3.

The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

4.

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

3/4 5.

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

6.

The Joint Director Mass Education, Education Department, Government of Bihar, Patna.

7.

The Director (Administration) Education Department, Government of Bihar, Patna.

8.

The Deputy Director (Administration) Education Department, Government of Bihar, Patna.

9.

The District Education Officer Katihar.

10.

The District Programme Officer Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Yadav For the State :

Mr. Kameshwar Kumar (Gp17) Mr. S. K. Ranjan, AC to GP 17 For Union of India :

Ms. Punam Kumari Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-01-2024 Learned Counsel for the petitioners submits that the present case is squarely covered by a judgment, dated 04.07.2019, rendered by a co-ordinate Bench of this Court. in C.W.J.C. No. 12530 of 2019. Paragraph nos. 10 and 11 of the said judgment, being relevant, are quoted herein below:- "10. All that this Court can direct is that in case such a scheme is reintroduced by extending its term or launching another scheme of similar nature, the State Government in its Education Department shall consider the candidature of the petitioners because of the experience that they have gained in imparting adult education and removing the illiteracy from the State of Bihar. In that event, it would be

4/4 open for the petitioners to appear before the concerned authorities and request them to give the petitioners weightage for their experience that they have gained and perhaps relaxation of the age requirement if fixed under the scheme.

11. However for the period that the petitioners have worked during the subsistence of the scheme, they are required to paid for the same. Since some of the petitioners have not been paid their honorarium from September 2016, this Court directs such petitioners who have not been paid their honorarium to make a representation before the Director, Mass Education, Education Department, Government of Bihar, Patna (respondent no. 5), who would ensure prompt payment of the honorarium for the period that the petitioners have worked."

2. Learned Counsel for the State does not dispute the statement made by learned counsel for the petitioner.

3. Accordingly, the present writ application is disposed, in terms of paragraph nos. 10 and 11 of judgment, dated 04.07.2019, passed in C.W.J.C. No. 12530 of 2019. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √