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Patna High CourtCWJC/18959/2014disposal with observation

Ram Lakhan Mahto And ORS v. The State Of Bihar And ORS

2018-11-29Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18959 of 2014 ======================================================

1. Ram Lakhan Mahto son of Bhullu Mahto Resident of Village - Madhuban, P.S. - Andharathathi, District - Madhubani.

2. Sundil Devi Wife of Shri Shobhi Kant Jha Resident of Village - Thathi, P.O. + P.S. - Andharathathi, District - Madhubani.

3. Muni Kant Chaudhary son of Yogendra Chaudhary Resident of Village + P.O. + P.S. - Andharathadhi, District - Madhubani.

4. Madan Gopal Chaudhary son of Late Shivlal Chaudhary Resident of village - Gour Andhara, P.O. - Andharatharthi, P.S. - Rudrapur, District - Madhubani.

5. Ashok Kumar Mehta son of Late Bachcha Prasad Mehta Resident of village - Palar, P.S. - Andharathathi, District - Madhubani.

6. Arbind Kumar Chaudhary son of Ram Narayan Chaudhary Resident of village + P.O. - Andhara, P.S. - Andhrathathi, District - Madhubani.

7. Ram Saday S/o Late Raghuni Saday Resident of village - Sarara, Block + P.S - Babubarhi, District - Madhubani. ... ... Petitioner/s

Versus

1. The State of Bihar through the Commissioner-cum-Secretary, Department of Education, Govt. of Bihar, Patna.

2. The Commissioner-cum-Secretary, Department of Education, Govt. of Bihar, Patna.

3. The Director, Mass Education, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Choudhary, Adv.

For the Respondent/s :

Mr. Sanjeet Kr. Singh, AC to AAG6 Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 29-11-2018 Heard learned counsel for the parties.

Counsel for the petitioners submits that the petitioners are Instructors under the Non-formal Education Scheme, were retrenched by the Government, the group of persons approached this Court for their rehabilitation and reinstatement and the Court passed the order in their favour, the order of this Court was challenged before the Hon'ble Apex Court and the same has been

Patna High Court CWJC No.18959 of 2014 dt.29-11-2018 2/2 upheld Learned counsel for the petitioners submits that the present case is entirely covered by the judgment and order passed in C.W.J.C. No. 21025 of 2011 (Shailendra Roy Vs. State of Bihar). Let the Authority concerned should examine the case of the present petitioners and the case of Shailendra Roy (supra) and if it is found the fact, law and prayer of the present case is identical to the case of Shailendra Roy, the present petitioners will also be given the same benefit as has been given to Shailendra Roy. With the aforementioned observation, this writ application is disposed of.

(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.12.2018 Transmission Date