Hari Narayan Sharma And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.628 of 2015 ======================================================
1. Hari Narayan Sharma Son of Late Bachchu Sharma Resident of village and P.O. Latrahiya, P.S. Parsa, District - Saran at Chapra, presently working as an Assistant Teacher in Government Basic School, Ferusa, District - Saran at Chapra
2. Alamddin Mian son of Late Wakil Mian Resident of village and P.O. Amlori, P.S. Siwan Muffasil, District - Siwan, Presently working as an Assistant Teacher in Government Basic School, Jigana, District - Gopalganj
3. Vijay Kumar Raman son of Late Rameshwar Singh Resident of village and P.O. Raj Narendrapur, P.S. Andar, District - Siwan, Presently working as an Assistant Teacher in Government Basic School, Gausiya, District - Gopalganj
4. Ashok Kumar Singh Son of Sri Chandraket Narayan Singh Resident of village - Lauan, P.O. Sadhwara, P.S. Isuapur, District - Saran at Chapra, Bansohi, District - Saran at Chapra
5. Prem Kumar Shukla Son of Sri Sachchda Nand Shukla Resident of village - Jitwarpur, P.O. Barka Baniya, P.S. Derni, District - Saran at Chapra, Presently working as an Assistant Teacher in Government Basic School, Mastichak, District Saran at Chapra
6. Pradip Kumar Yadav Son of Late Muneshwar Rawat Resident of village and P.O. Laheji, P.S. M.H. Nagar, District - Siwan, Presently working as an Assistant Teacher in Government Basic School, Rasoolpur, District - Saran at Chapra
7. Dinesh Kumar Singh Son of Sri Ram Naresh Singh Resident of village - Narharpur, P.O. Gaura, P.S. Marhaura, District - Saran at Chapra, Presently working as an Assistant Teacher in Government Basic School, Mohammadpur, District Saran at Chapra
8. Ram Pukar Singh Son of Sri Ram Naresh Singh Resident of village - Narharpur, P.O. Gaura, P.S. Marhaura, District - Saran at Chapra, Presently working as an Assistant Teacher in Government Basic School, Aghara, District - Saran at Chapra
9. Raj Mohammad Ansari Son of Md. Qyamuddin Resident of village - Sahpur, P.O. Sakra, P.S. Tarwara, District - Siwan, Presently working as an Assistant Teacher in Government Basic School, Kerwan, District - Saran at Chapra
10. Yunarbi Rai Son of Late Ramgati Rai Resident of village - Banwaripur, P.O. Mastichak, P.S. Dariyapur, District - Saran, Presently working as an Assistant Teacher in Government Basic School, Mastichak, District - Saran at Chapra
11. Raj Narayan Rai Son of Late Ram Naresh Rai Resident of village - Bariyar Chak, P.O. and P.S. Nayagaon, District - Saran at Chapra, Presently working as an Assistant Teacher in Government Basic School,Mastichak, District - Saran at Chapra
12. Harendra Prasad Singh Son of Sri Son of Sri Lakshman Singh Resident of village - Dharam Chak, P.O. Mastichak, P.S. Dariyapur, District - Saran at Chapra, Presently working as an Assistant Teacher in Government Basic School, Mastichak, District - Saran at Chapra
13. Bachcha Lal Sah son of Sri Kedar Nath Sah Resident of village - Sadpur, P.O. and P.S. Garkha, District - Saran at Chapra, Presently working
as an Assistant Teacher in Government Basic School, Chapra Gudri, District Saran at Chapra
14. Birendra Kumar Rai Son of Late Agindeo Prasad Rai Resident of village - Dumariya, P.O. Chanchaura, P.S. Chapra Muffasil, District - Saran at Chapra, Presently working as an Assistant Teacher in Government Basic School, Ferusa, District - Saran at Chapra
15. Arun Kumar Yadav Son of Late Jagdish Prasad Yadav Resident of village - Tejpurwa, P.O. Mushahari, Via - Khaira, P.S. Chapra Muffasil, District - Saran at Chapra, Presently working as an Assistant Teacher in Government Basic School, Ferusa, District - Saran at Chapra
16. Asha Ojha Daughter of Bishwanath Singh Resident of village - Gosakhap, P.O. Rasoolpur, P.S. Marhaura, District - Saran at Chapra, Chandrahati, District - Muzaffarpur
17. Tribhuwan Pandey Son of Late Dinanath Pandey Resident of village - Pareji, P.O. Jaijore, P.S. Andar, District - Siwan, Presently working as an Assistant Teacher in Government Basic School, Jaijore, District - Siwan
18. Samir Kumar son of Sri Hari Shankar Singh Resident of village and P.O. Amar Chapra, P.S. Chapra Muffasil, District - Saran at Chapra, Chapra, District - Saran at Chapra
19. Vijay Kumar Singh Son of Late Bishwanath Singh Resident of village and P.O. Rampur Khoram, P.S. Marhaura, District - Saran at Chapra, Aghara, District - Saran at Chapra
20. Munshi Miyan Son of Late Ishaque Mian Resident of village and P.O. Narharpur, P.S. Marhaura, District - Saran at Chapra, Presently working as an Assistant Teacher in Government Basic School, Bagara, District - Saran at Chapra
21. Baleshwar Prasad Singh Son of Late Bhirgu Nath Singh Resident of village - Pursauli, P.O. and P.S. Isuapur, District - Saran at Chapra, Doila, District - Saran at Chapra
22. Rajendra Singh Son of Late Gorakh Singh Resident of village - Chakra, P.O. Bhatta Pokhar, P.S. Siwan Muffasil, District - Siwan, Andar, District - Siwan
23. Sah Sobha Kumari wife of Sri Nageshwar Sah Resident of Mohalla - Salempur, P.O. Chapra, P.S. Chapra Town, District - Saran at Chapra, Haran Badha, District - Saran at Chapra
24. Kumari Prabila daughter of Vijay Chandra Prasad Resident of Ram Nandan Bhawan, Nauratanpur, Postal Park, P.S. Kankarbag, District - Patna, Presently working as an Assistant Teacher in Government Basic School, Patna City, District - Patna
25. Anant Kumar Singh Son of Raj Bahori Singh Resident of village - Kawalpura Mathiya, P.S. Mashrakh, District - Saran at Chapra, Presently working as an Assistant Teacher in Government Basic School, Hansapir, District - Saran at Chapra
26. Sohaban Khanam Daughter of Munib Khan Resident of village and P.O. Jagdishpur, P.S. Jagdishpur, District - Bhojpur at Ara, Presently working as an Assistant Teacher in Government Basic School, Chibhwan,
District - Bhojpur at Ara
27. Abhimanyu Prasad Singh Son of Late Karu Singh Resident of village and P.O. Dhurgaon, P.S. Ekangarsarai, District - Nalanda at Biharsharif, Parthu, Makhdumpur, District - Nalanda at Biharsharif
28. Uma Nath Singh Son of Late Tribhuwan Singh Resident of village and P.O. Naini, P.S. Chapra Muffasil, District - Saran at Chapra, Presently working as an Assistant Teacher in Government Basic School, Bangra, District Saran at Chapra
29. Rajendra Kumar Singh son of Late Lal Govind Singh Resident of village and P.O. Naini, P.S. Chapra Muffasil, District - Saran at Chapra, Rampur Noor Nagar, District Saran at Chapra .... .... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The Principal Secretary, Education Department of Bihar, Patna
3. The Director, Primary Education, Education Department, Government of Bihar, Patna
4. The Regional Deputy Director of Education, Saran Division, Chapra .... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar Manglam, Adv. For the Respondent/s : Mr. Sudhir Kumar Singh, AC to SC23 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 10-01-2017 This writ petition was filed by 29 petitioners questioning the order dated 19.12.2014 of the Principal Secretary, Education Department, Govt. of Bihar, whereby direction was issued to the appropriate authority for termination of services of Assistant Teachers.
While during the pendency of the writ petition, the said order has been acted upon and services of the petitioners no. 2 to 29 have been terminated and these petitioners have preferred separate writ petitions questioning their respective termination
order. In so far as petitioner no.1 is concerned, no order of termination has been passed as yet.
In the facts and circumstances, whereas I find no cause of action for petitioner no.1 for the present to maintain this writ petition until the order prejudicially affects him, in so far as petitioners no. 2 to 29 are concerned, since they have admittedly preferred independent fresh writ petition questioning termination order, the issue raised herein has been rendered infructuous and for the reasons so discussed, this writ petition is disposed of. (Jyoti Saran, J) Surendra/- U