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Patna High CourtCWJC/18485/2019disposed

Pankaj Kumar Sharma v. The State Of Bihar

2019-09-09Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18485 of 2019 ====================================================== 1.

Pankaj Kumar Sharma Son of Late Suresh Sharma Resident of VillageHarkholi, Ward No. -13, P.O.- Mirganj, P.S.- Mirganj, District- Gopalganj, Presently posted as Assistant Teacher, Government of Middle School, Kalegarh, Block- Barharia, P.S.- Barharia, Siwan. 2.

Mohammad Isteyaz Son of Late Mansoor Ali Resident of VillageBahadurpur Bazar, P.O.- Bahadurpur Bazar, P.S.- Jamo Bazar, DistrictSiwan, Presently posted as Assistant Teacher, Government Primary School, Mahammad Pur Patti, Block- Goriakothi, P.S.- G.B. Nagar Tarwara, Siwan. 3.

Jagta Nand Son of Late Shivji Prasad Singh Resident of Village- Ageyan, P.S.- Goriakothi, District- Siwan, Presently posted as Assistant Teacher, Government Primary School, Murarpur, Block- Goriakothi, P.S.- Goriakothi, Siwan.

4.

Kumari Mintu Daughter of Late Foujdar Singh, Wife of Sanjay Kumar Singh Resident of Village- Chhitauli Kalan, P.O.- Laxmiganj, P.S.- Goriakothi, District- Siwan, Presently posted as Assistant Teacher, Government Middle School, Laxmiganj, Block- Goriakothi, P.S.- Goraikothi, Siwan.

5.

Md. Abrar Ali Son of Late Ali Akbar Resident of Village- Manjha Pipra, P.O.- Garhmanjha, P.S.- Manjhagarh, District- Gopalganj, Presently posted as Assistant Teacher, Government Middle School, Hardiya, BlockPanchrukhi, P.S.- Panchrukhi, Siwan. 6.

Suryadeo Ram Son of Late Sadanand Ram Resident of VillageRamchandarpur, P.S.- Thawe, District- Gopalganj, Presently posted as Assistant Teacher, Upgraded Middle School, Jagatpur, Block- Barharia, P.S.- Barharia, Siwan.

7.

Vinod Kumar Singh Son of Late Kamala Singh Resident of VillageSadikpur, P.O.- Panchrukhi, P.S.- Panchrukhi, District- Siwan, Presently posted as Assistant Teacher, Government Middle School, Harsar, BlockDaraunda, P.S.- Daraunda, Siwan. 8.

Rakesh Bihari Dubey Son of Late Kamala Kant Debey Resident of VillageRasulpur, P.S.-Rasulpur, District- Saran, Presently posted as Assistant Teacher, Government Girls's Primary School, Jalalpur, Block- Jalalpur, P.S.- Daraunda, Siwan.

9.

Manish Kumar Son of Late Bachcha Singh Resident of Village- Benaut, Jogia, Panchayat- Baliya, P.S.- Rasulpur, District- Saran, Presently posted as Assistant Teacher, Government Middle School, Bagoura, P.S.- Daraunda, Siwan.

10.

Saroj Kumar Chaurasia Son of Late Sitaram Prasad Resident of VillageSonbarsa Tola, Gularbaga, Sonbarsa, P.S.- G.B. Nagar Tarwara, DistrictSiwan, Presently posted as Assistant Teacher, Upgraded Middle School, Pagurkothi, Block- Panchrukhi, P.S.- Panchrukhi, Siwan. 11.

Meera Devi Wife of Late Ashok Singh Resident of Village- Phalpura, P.S.- Panchrukhi, District- Siwan, Presently posted as Assistant Teacher, Government Girl's Middle School, Phulpura, P.O.- Tilauta Rasulpur, P.S.-

Patna High Court CWJC No.18485 of 2019(2) dt.09-09-2019 2/3 Panchrukhi, Siwan.

12.

Kedar Nath Amrit Piyasa Son of Late Bishnu Ram Manjhi Resident of Village- Bariyarpur, Gamharia, P.S.- Panchrukhi, District- Siwan, Presently posted as Assistant Teacher, Upgraded Middle School, Machouta, BlockDaraunda, P.S.- Daraunda, Siwan. 13.

Zubair Azam Son of Late Shaikh Abdullah Resident of Village- Tetahali, P.O.- Tetahali, P.S.- Barharia, District- Siwan, Presently posted as Assistant Teacher, Government Primary School, Maktab Ukhai, Block- Panchrukhi, P.S.- O.P. Sarai, Siwan.

14.

Aftab Alam @ Aftav Alam Son of Late Mahmood Alam Resident of VillageMakhhdoom Sarai, South Siwan, P.S. and P.O.- Sarai, District- Siwan, Presently posted as Assistant Teacher, Government Primary School, Bindusar Buzurg, Block- Panchrukhi, P.S.- Mahadewa O.P., Siwan. 15.

Shashi Kumar Ram Son of Late Vishwanth Ram Resident of Village- Balia, P.O.- Balia, P.S.- Maharajganj, District- Siwan, Presently posted as Assistant Teacher, Government Primary School, Sikandarpur, Block- Maharajganj, P.S.- Maharajganj, Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chief Secretary Government of Bihar, Patna. 3.

The Principal Secretary Department of Education, Government of Bihar, Patna.

4.

The Principal Secretary Department of Finance, Government of Bihar, Patna.

5.

The Director Primary Education, Government of Bihar, Patna. 6.

The District Magistrate Siwan.

7.

The Regional Deputy Director of Education Saran. 8.

The District Education Officer Siwan.

9.

The District Programme Officer (Establishment) Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagjit Roshan, Advocate For the Respondent/s :

Mr.Kameshwar Kumar (Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-09-2019 The issue raised in the present writ petition is no more res integra. A similar matter has been decided by this Court vide order dated 11.04.2018 passed in CWJC No. 7322 of

Patna High Court CWJC No.18485 of 2019(2) dt.09-09-2019 3/3 2017.

In view of the order dated 11.04.2018 passed in CWJC No. 7322 of 2017, the present writ petition is disposed of with a direction to the respondents to consider the claim of the petitioners for grant of matric trained scale on completion of 3 years from the date of joining as the petitioners cannot be faulted for non-sending them for in-service training. Necessary decision in this regard must be taken by the respondents within a maximum period of 30 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U