Bihar Panchayat Nagar Prarambhik Shik, President Sri Anand Kaushal Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21623 of 2018 ====================================================== Bihar Panchayat Nagar Prarambhik Shikshak Sangh and Ors ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar, Adv.

For the Respondent/s :

Mr.Avinash Chandra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2019 At the outset, the learned counsel for the petitioners seeks to withdraw the present writ petition qua the petitioners no.1 and 2, at the behest of whom the present writ petition is not maintainable.

Accordingly, the writ petition is dismissed as not maintainable qua the petitioners no.1 and 2.

The learned counsel for the petitioners further submits that he will be confining the present writ petition with regard to the petitioners pertaining to district Aurangabad and for the rest, liberty be granted to them to prefer fresh writ petition individually.

Accordingly, the writ petition qua the petitioners no. 4, 6 to 13 is disposed of as withdrawn with liberty to such petitioners to file a fresh writ petition.

As far as the remaining petitioners No. 3 and 5 are

Patna High Court CWJC No.21623 of 2018(2) dt.15-01-2019 2/2 concerned, the District Programme Officer Establishment (Education), District Aurangabad i.e. respondent no. 43 is directed to examine the case of the petitioners no. 3 and 5 in light of the judgment dated 26.02.2018 passed in LPA No. 655 of 2015 (Prakash Kumar Vs. The State of Bihar & Ors.) and in case it is found that the case of the petitioners is similar to the appellants of the aforesaid judgment passed by the learned Division Bench of this Court in LPA No. 655 of 2015 dated 26.02.2018, Prakash Kumar (supra), similar benefits shall be granted to the petitioners no. 3 and 5 of the present case. Entire exercise should be completed within a period of eight weeks from today.

It is needless to state that in order to facilitate quick disposal of the case, the petitioners no. 3 and 5, shall produce the certified copy of the order of this Court passed in the present case before the respondent no.43 within a period of two weeks from today.

The present writ petition is disposed of on the aforesaid terms.

Tiwary/- (Mohit Kumar Shah, J) U