Pranav Kumar Parth And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18002 of 2016 ======================================================

1. Pranav Kumar Parth son of Late Awadhesh Mehta presently posted as Assistant Teacher in Middle School, Mungraura No. 2, Block - Jamalpur, District - Munger.

2. Umesh Kumar son of Late Baleshwar Paswan presently posted as Assistant Teacher in Middle School, Rajpur, Block - Suryagarha, District - Lakhisarai.

3. Pankaj Kumar Paswan son of Late Medo Paswan presently posted as Assistant Teacher in Middle School, Rajapur, Block - Suryagarha, District - Lakhisarai.

4. Kundan Kumar son of Late Vinayak Prasad Singh presently posted as Assistant Teacher in Elevated Middle School, Kakar Salempur, Block - Suryagarha, District - Lakhisarai.

5. Jitendra Kumar son of Late Lal Bihari Chaudhary presently posted as Assistant Teacher in Primary School, Bishanpur Kajra, Block - Suryagarha, District - Lakhisarai.

6. Kishore Kumar son of Late Siyaram Mandal presently posted as Assistant Teacher in Primary School, Bishanpur Kajra, Block - Suryagarha, District - Lakhisarai.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2. The Director, Primary Education, Bihar, Patna.

3. The Regional Deputy Director of Education, Munger Division, Munger.

4. The District Education Officer, Lakhisarai.

5. The District Programme Officer (Establishment), Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar For the Respondent/s :

Mr. Subhash Chandra Mishra- Sc16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-03-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

In view of the fact that petitioners after realizing implication in Annecure-6 submits that they are now no more aggrieved by the Annexure-6. However, their apprehension is

Patna High Court CWJC No.18002 of 2016(2) dt.21-03-2018 2/2 that respondent authorities are acting contrary to the order contained in Annexure-6.

Referring to Annexure-9 he submits that respondents are required to consider the case in the light of Annexure-6 read with Annexure-9 in the matter of extending benefit of matric trained scale to the petitioners.

In the view of the submission made by the petitioners, the present writ application does not warrant any adjudication. Once, the petitioners accept Annexure-6 which was passed by the District Programme Officer, Lakhisarai, the respondent District Programme Officer, Lakhisarai is required to act in accordance with office order contained in Annexure-6. While deciding the entitlement of the petitioners, the respondents are also required to take into consideration the division bench judgment of this court on the point.

With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U