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Patna High CourtCWJC/5235/2017disposed

Mahanand Mandal v. The State Of Bihar And ORS

2018-03-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5235 of 2017 =========================================================== Mahanand Mandal, S/o- Late Harihar Prasad Mandal, Resident of Village + PostPithaura, P.S. Narpatganj, District- Araria (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2. The Principal Secretary-cum- Commissioner, Human Resource Department, New Secretariat, Patna.

3. The Director of Primary Education, Human Resources Department, New Secretariat, Patna.

4. The Deputy Director, Primary Education, Human Resources Department, New Secretariat, Patna.

5. The District Magistrate, Araria.

6. The Deputy Development Commissioner, Araria.

7. The District Education Officer, Araria.

8. The Block Education Officer, Narpatganj, Araria. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 5254 of 2017 =========================================================== Mamta Bibhu, W/o Sri Suman Kumar Bibhu, Ward No.25, Professor Colony, Farwisganj, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2. The Principal Secretary-cum-Commissioner, Human Resource Department, New Secretariat, Patna.

3. The Director of Primary Education, Human Resources Department, New Secretariat, Patna.

4. The Deputy Director, Primary Education, Human Resources Department, New Secretariat, Patna.

5. The District Magistrate, Araria.

6. The Deputy Development Commissioner, Araria.

7. The District Education Officer, Araria.

8. The Block Education Officer, Narpatganj, Araria. .... .... Respondent/s =========================================================== Appearance :

(In CWJC No.5235 of 2017) For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Respondent/s : Mr. Ashutosh Ranjan Pandey-AAG15 (In CWJC No.5254 of 2017) For the Petitioner/s : Mr. Ajay Kumar Singh For the Respondent/s : Mr. Prabhakar Jha-GP27 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT

Patna High Court CWJC No.5235 of 2017 dt.28-03-2018 2/2 Date: 28-03-2018 Heard learned counsel for the petitioners and State. Learned counsel for the petitioners submits that the case of the petitioners is squarely covered by different decisions of this Court including the judgment in the case of Ravi Shankar & Ors. Vs. The State of Bihar & Ors., reported in 2007 (Supp.) PLJR

337. He has also placed reliance on the decision of this Court dated 17.01.2018 passed in C.W.J.C. No. 4822 of 2017 and order dated 17.01.2018 passed in C.W.J.C. No. 5179 of 2017. In view of the above, both the writ applications are disposed of with a direction to the respondent District Education Officer, Araria to examine the case of the petitioners in the light of the judgment mentioned hereinabove and if the case of the petitioners is found similar to the case of petitioners of C.W.J.C. No. 4822 of 2017 and C.W.J.C. No. 5179 of 2017, similar treatment should be extended to this petitioners also. Final decision in this regard must be taken within a maximum period of 60 days from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date31.03.2018 Transmission Date