Sanjay Kumar And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5388 of 2018
1. Sanjay Kumar, Son of Late Jagnnath Prasad, Resident of VillageHathiaul, Police Station-Pakridayal, District-East Champaran at Motihari At Present Posted and Working as an Assistant Teacher in Govt. Primary School Bhawanipur Zirat, Block-Motihari (Town), District-East Champaran at Motihari.
2. Kanhaiya Lal Sah, Son of Late Binda Lal Sah, Resident of Village + Post Office-Kathmaliya, Police Station Shikarganj, District-East Champaran at Motihari At Present Posted and Working as anAssistant Teacher in Govt. Upgraded Middle School Amwa, Block-Banjrariya, District-East Champaran at Motihari.
3. Sunil Kumar, Son of Late Satikant Prasad, Resident of VillageGhorasahan, P.S.-Ghorasahan District-East Champaran at Motihari. At Present Posted and Working as an Assistant Teacher in Govt. Middle School Belbanwa, Block-Motihari, District-East Champaran at Motihari.
4. Raghwendra Kumar Kamlesh, Son of Late Ramanand Raut, Resident of Village+Post Office-Jaitpur, Police Station -Ramgarhwa, District-East Champaran at Motihari At Present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Sugauli Gaon, Block-Sagauli, District-East Champaran at Motihari,
5. Rakesh KUmar, Son of Late Ram Ekbal Singh, Resident of Village+Patahi Nanpur (Nankar), Police Station +Post Office-Patahi District-East Champaran at Motihari At Present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Belahiram, BlockPatahi, District-East Champaran at Motihari,
6. Subodh Kumar, Son of Late Tej Bahadur Prasad, Resident of Village+Phulwar Via Raghunathpur Bazar, Police Station -Banjariya, District-East Champaran at Motihari At Present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Nimui, Block-Sagauli, District-East Champaran at Motihari,
7. Ravi Shankar Kumar, Son of Late Mewalal Paswan, Resident of Village+Ghorasahan, Police Station -Ghorasahan, District-East Champaran at Motihari At Present Posted and Working as an Assistant Teacher in Govt. Primary School Mahuwahi, Block-Ghorasahan, District-East Champaran at Motihari,
8. Rajesh Kumar Singh Son of Dhru Narayan Singh, Resident of Village+Ghorasahan, District-East Champaran at Motihari. At Present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Champapur Koraiya, Block-Ghorasahan, District-East Champaran at Motihari,
9. Jay Prakash Ram, Son of Late Ram, Resident of Village+Sripur, Post Office-Ghorasahan Police Station Ghorasahan, District-East Champaran at Motihari At Present Posted and Working as an Assistant Teacher in Govt. Middle School Samanpur, Block-Ghorasahan, District-East Champaran at Motihari,
10. Sachin Kumar, Son of Late Sitaram Singh, Resident of Village+Sripur Kawaiya, Police Station -Ghorasahan, District-East Champaran at Motihari At Present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Sripur Bawanpur, Block-Ghorasahan, District-East Champaran at Motihari,
11. Dharmendra Kumar, Son of Late Rambahadur Singh, Resident of Village+Balapur, Police Station -Ghorasahan, District-East Champaran at
Patna High Court CWJC No.5388 of 2018 (2) dt.06-04-2018 2/3 Motihari At Present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Barwa Khurd, Block-Ghorasahan, District-East Champaran at Motihari,
12. Birendra Kumar, Son of Late Ramcharitra Ray, Resident of Village+Bijbani, Police Station -Bankatwa, District-East Champaran at Motihari At Present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Bhagwanpur Kotwa, Block-Ghorasahan, DistrictEast Champaran at Motihari,
13. Balkrishna Mahto, Son of Late Ramjan Mahto, Resident of Mohalla-Lal Parsa, Tola-Barharwa, Police Station -Sugauli, District-East Champaran at Motihari At Present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Chiljhapti, Block-Sagauli, District-East Champaran at Motihari,
14. Anil Kumar Singh, Son of Late Anirudh Singh, Resident of Village+Barka Balua, Police Station -Patahi, District-East Champaran at Motihari At Present Posted and Working as an Assistant Teacher in Govt. Primary School Bhagwanpur Belbanwa New, Block-Motihari Town, District-East Champaran at Motihari,
15. Pawan Kumar Prasad, Son of Late Shyamsudar Prasad Yadav, Resident of Village-Pachviriya, Post Office-Bela, Police Station -Ramgarhwa, District-East Champaran at Motihari At Present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Mali, Block-Sagauli, District-East Champaran at Motihari,
16. Satya Narayan Ray, Son of Late Madho Ray, Resident of VillageSugapipar, Police Station -Patahi, District-East Champaran at Motihari At Present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Bakhari (Girls), Block-Patahi, District-East Champaran at Motihari, .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Govt. of BIhar, Patna.
3. The Principal Secretary, Finance Department, Government of Bihar, Patna.
4. The Director, Primary Education, Bihar, Patna.
5. The District Education Officer, East Champaran at Motihari.
6. The District Programme Officer, (Establishment), East Champaran at Motihari.
7. The Headmaster-Cum-Drawing & Disbursing Officer, Motihari, DistrictEast Champaran.
8. The Headmaster-Cum-Drawing & Disbursing Officer, Motihari, DistrictEast Champaran. at Motihari.
9. The Headmaster-Cum-Drawing & Disbursing Officer, Motihari, DistrictEast Champaran at Motihari.
10. The Headmaster-Cum-Drawing & Disbursing Officer, Motihari, District-East Champaran. at Motihari
11. The Headmaster-Cum-Drawing & Disbursing Officer, Motihari, District-East Champaran at Motihari.
12. The District Accounts Officer, Motihari, District-East Champaran.
13. The District Treasury Officer, Motihari, District-East Champaran. .... .... Respondent/s
Patna High Court CWJC No.5388 of 2018 (2) dt.06-04-2018 3/3 Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra For the Respondent/s : Mr. S.C. Mishra- Sc16 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-04-2018 Heard learned counsel for the petitioners and counsel for the State.
Mr. Umesh Kumar Mishra, learned counsel for the petitioners submits that the case of the petitioners is fully covered by Annexure-5, i.e., order dated 31.03.2011 in C.W.J.C. No.6139 of 2007 and Annexure-10, the order passed by the L.P.A. Bench in L.P.A. NO.756 of 2015 dated 16.08.2017 and Annexure-11 order dt.01.11.2017 passed in C.W.J.C. No.14670 of 2014. In view of the above, the writ application is disposed of with a direction to the District Programme Officer (Establishment), East Champaran at Motihari to examine the case of the petitioners in the light of the decision of this Court as indicated hereinabove within a maximum period of 60 days from the date of receipt / production of a copy of this order and extend the same benefit to the petitioners, if it is found covered by the decision in L.P.A. in view of the litigation policy of the State Government.
Sanjeev/- (Anil Kumar Upadhyay, J) U