Pankajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13370 of 2023 ====================================================== Pankajesh Kumar S/o Late Awadhesh Singh, Resident of Village- P.O.- Jihuli, P.S. -Patahi, Dist- East Champaran presently posted as Clerk in Rajkiyakrit High School, Dwarikanagar, Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Additional Chief Secretary, Education Department, Govt. Of Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Director, Secondary Education Department, Govt. Of Bihar, Patna. 4.

The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur, District- Muzaffarpur.

5.

The District Education Officer, Muzaffarpur, District- Muzaffarpur. 6.

The District Programme Officer (Est.), Muzaffarpur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh For the Respondent/s :

Mr.Jitendra Kr. Roy 1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2.

At the outset, learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the order passed in C.W.J.C. No.6661 of 2021 dated 28.11.2023. 3.

Considering this fact and that the State Government has already come out with the decision to comply with the order passed in LPA No.167/2016 subject to the final outcome of civil review and the litigation policy of the State Government and

Patna High Court CWJC No.13370 of 2023(2) dt.09-05-2024 2/2 various orders passed by other Benches of this Court granting similar relief to similarly situated persons, in my opinion the writ application can be disposed of granting similar relief to the writ petitioners in terms of the order passed by Division Bench of this Court in LPA No.167 of 2016.

4.

Accordingly, the writ petition stands disposed of exactly in terms of the order passed in LPA No.167 of 2016. This, however, shall be subject to the final outcome of the result of Civil Review No.236/2019 pending before Larger Bench. 5.

It is made clear that benefit to the petitioners shall be granted subject to filing undertaking by them before the concerned authorities regarding refund of the amount received by them if the issue pending before Larger Bench/ and / or Civil Review No.236/2019 goes in favour of the State Government. (Anjani Kumar Sharan, J) pallavi/- U