Vimal Kumar Verma v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 11859 of 2017 Shailendra Kumar Rai, S/o Avadhesh Rai, R/o Village- Asain- Molanapur, P.O.- Sikrour, P.S.- Didarganj, District- Azamgarh (U.P.). .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna.
3. The Joint Secretary, Department of Education, Govt. of Bihar, Patna.
4. The Director (Primary Education), Bihar, Patna.
5. The District Magistrate, Buxar.
6. The District Education Officer, Buxar.
7. The District Porgramme Officer (Establishment), Buxar.
8. The Block Development Officer Brahampur, District- Buxar.
9. The Block Education Officer, Brahampur, District- Buxar. With Civil Writ Jurisdiction Case No. 11615 of 2017 Vimal Kumar Verma S/o Algoo Ram R/o Village - Damodarpur Jigani, Post - Manihari, P.S. - Babhua, District - Kaimur, presently resident of Koirpurwa, North of English Kabristan, Ward No. 28, Buxar, District - Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna.
3. The Joint Secretary, Department of Education, Govt. of Bihar, Patna.
4. The Director (Primary Education), Bihar, Patna.
5. The District Magistrate, Buxar.
6. The District Education Officer, Buxar.
7. The District Programme Officer (Establishment), Buxar.
8. The Block Development Officer, Brahampur, District - Buxar.
9. The Block Education Officer, Brahampur, District - Buxar. With Civil Writ Jurisdiction Case No. 11715 of 2017 Priti Rai D/o Markandey Rai, Resident of Village + Post - Khudaru, P.S. - Dinara, District - Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2/4
2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna.
3. The Joint Secretary, Department of Education, Govt. of Bihar, Patna.
4. The Director (Primary Education), Bihar, Patna.
5. The District Magistrate, Buxar.
6. The District Education Officer, Buxar.
7. The District Programme Officer (Establishment), Buxar.
8. The Block Development Officer, Brahampur, District - Buxar.
9. The Block Education Officer, Brahampur, District - Buxar. With Civil Writ Jurisdiction Case No. 11626 of 2017 Ankit Raj S/o Rameshwar Ojha, Resident of Village- Karja, Post Umraonganj, P.S.- Behia, District- Bhojpur, Presently resident of Upadhayay Bhawan, Behind Khadi Gramodyog, Near Jain School Ara, Babu Bazar, Ara, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna.
3. The Joint Secretary, Department of Education, Govt. of Bihar, Patna.
4. The Director (Primary Education), Bihar, Patna.
5. The District Magistrate, Buxar.
6. The District Education Officer, Buxar.
7. The District Programme Officer (Establishment), Buxar.
8. The Block Development Officer Brahampur, District- Buxar.
9. The Block Education Officer, Brahampur, District- Buxar. With Civil Writ Jurisdiction Case No. 11675 of 2017 Anil Kumar Gupta S/o Sri Bhikhari Prasad, Resident of Village-Rajapur, Naurang Rai ke Dera, P.S.-Simari, District-Buxar, presently resident of Udaipura, Post Sawru Bandh, P.S.-Dubhar, District-Balia (U.P.) .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Department of Education Govt. of BIhar, Patna.
3. The Joint Secretary, Department of Education, Govt. of Bihar, Patna.
4. The Director (Primary Education) Bihar, Patna.
5. The District Magistrate, Buxar.
6. The District Education Officer, Buxar.
7. The District Programme Officer, (Establishment), Buxar.
8. The Block Development Officer Brahampur, District-Buxar.
9. The Block Education Officer, Brahampur, District-Buxar.
3/4 Appearance :
(In CWJC No.11859 of 2017) For the Petitioner/s :
Mr. Sheo Jee Mishra, Advocate For the State :
Mr. Ram Vinay Prasad Singh, A.C. to G.A.
XII (In CWJC No.11615 of 2017) For the Petitioner/s :
Mr.
For the Respondent/s :
Mr.
(In CWJC No.11715 of 2017) For the Petitioner/s :
Mr.
For the Respondent/s :
Mr.
(In CWJC No.11626 of 2017) For the Petitioner/s :
Mr. Sheo Jee Mishra, Advocate For the State :
Mrs. Binita Singh, S.C. 28 Mr. Vivek Anand Amritesh, A.C. to S.C. 28 (In CWJC No.11675 of 2017) For the Petitioner/s :
Mr. Sheo Jee Mishra, Advocate For the State :
Mr. Umesh Narayan Dubey, A.C. to G.P. 27 CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 18-10-2017 Heard learned counsel for the petitioners and the State.
2. Learned counsel for the petitioner in C.W.J.C. No. 11626 of 2017, sought leave of the Court to make correction in the address of the petitioner in the cause title of the writ petition.
3. Permission granted.
4. Let the same be done during the course of the day.
5. At the very outset, learned counsel for the petitioners submitted that similar issue has been already decided by the Court in C.W.J.C. No. 11784 of 2017 in the case of Kavita Kumari and others vs. The State of Bihar and others, by order dated 11.09.2017. It was submitted that the same has also been followed in
4/4 C.W.J.C. No. 12725 of 2017 in the case of Arun Kumar and others vs. The State of Bihar and others, by order dated 13.10.2017.
6. Learned counsel for the State do not controvert the fact that the present matters are covered by the aforesaid decisions of the Court.
7. Having regard to the aforesaid, the writ petitions stand disposed off in terms of the order dated 11.09.2017 in C.W.J.C. No. 11784 of 2017, for reasons recorded therein. The order of termination of the services of the petitioners stand set aside. The petitioners are declared to have been validly appointed and entitled to get all benefits, including that of salary and continuance in service.
8. The writ petitions stand allowed in the aforementioned terms.
(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U