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Patna High CourtCWJC/14176/2024disposed

Sanjeev Kumar Jha v. The State Of Bihar

2025-04-07Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14176 of 2024 ====================================================== 1.

Sanjeev Kumar Jha Son of Bishweshwar Jha Resident of Village Udaypur, Ward No. 10, Police Station- Sarairanjan, District- Samastipur. At present posted as a Headmaster in Upgraded Middle School, Baraipura, BlockSarairanjan, Samastipur. District2. Rajiv Kumar, Son of Ram Briksh Ray, Resident of Village- Siso West, Police Station- Sadar Ward No. 10, District- Darbhanga. At present posted as a Assistant Teacher in Upgraded Middle School, Bhagirathpur Under Block Kalyanpur, District- Samastipur.

3.

Avinesh Kumar Ranjan, Son of Late Lalji Prasad, Resident of MohallaBarah Patthar Chauri, Police Station and District- Samastipur. At present posted as a Headmaster in Upgraded Middle School, Jhakhra Pataili Under Block- Sarairanjan, District- Samastipur.

4.

Rakesh Kumar Rakesh, Son of Late Ram Kripal Mahto, Resident of Village Tole Andaha, Bhagwanpur Kamla, District- Samastipur. At present posted as a Assistant Teacher in Upgraded Middle School, Paroriya Under BlockVaris Nagar, District- Samastipur. 5.

Ajay Kishore Jha, Son of Kaushal Kishore Jha, Resident of Village- Rahna West Ward No. 6, Police Station- Varis Nagar, District- Samastipur. At present posted as a Assistant Teacher in Upgraded Middle School, Muktapur, Kolhuara Under Block- Kalyanpur, District- Samastipur. 6.

Dilip Kumar Mahto, Son of Ramji Mahto, Resident of Village Mokhtiyarpur, Ward No. 05, District- Samastipur. At present posted as a Assistant Teacher in Primary School, Mirjapur Ganj Under Block- Vidyapati Nagar, District- Samastipur.

7.

Manoranjan Prasad, Son of Rameshwar Prasad Sah, Resident of VillageKalyanpur, Ward No. 02, Police Station Kalyanpur, District- Samastipur. At present posted as a Assistant Teacher in Upgraded Middle School, Morwara Under Block- Kalyanpur, District- Samastipur. 8.

Umashankar Prasad Son of Ram Bilas Mahto, Resident of Village Dhattha, Police Station- Rosera, District- Samastipur. At present posted as a Assistant Teacher in Girl Primary School, Nayaktoli Under Block Rosera, DistrictSamastipur. 9.

Ashutosh Kumar Jha, Son of Ram Kumar Jha, Resident of VillageDharampur Nistama Near Railway Gumti 54, District- Samastipur. At present posted as a Assistant Teacher in Upgraded Middle School, Baraitol Bathua Bujing, Under Block Sarairanjan, District-Samastipur. 10.

Sujit Kumar, Son of Baleshwar Chaudhary, Resident of Mohalla- Ashok Nagar, Ward No. 01, Police Station Dalsingsarai, District- Samastipur. At present posted as a Assistant Teacher in Upgraded Middle School, Chandchaur Ram Nagar, Under Block- Ujiyarpur, District- Samastipur. 11.

Manoj Kumar Das, Son of Ram Chandra Das, Resident of Village- Bela Megh, Ward No. 02, District Samastipur. At present posted as a Assistant Teacher in Upgraded Middle School, Bhojpur Sudampur, Under BlockSarairanjan, District- Samastipur.

Patna High Court CWJC No.14176 of 2024(4) dt.07-04-2025 2/3 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

2.

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

3.

The Deputy Secretary, Education Department, Govt. of Bihar, Patna. 4.

The District Magistrate, Samastipur.

5.

The District Education Officer, Samastipur.

6.

The District Programme Officer (Establishment), Samastipur. 7.

The Block Education Officer, Sarairanjan, District Samastipur. 8.

The Block Education Officer, Ujiyarpur, District Samastipur. 9.

The Block Education Officer, Kalyanpur, District Samastipur. 10.

The Block Education Officer, Rosera, District Samastipur. 11.

The Block Education Officer, Dalsinghsarai, District Samastipur. 12.

The Block Education Officer, Varis Nagar, District Samastipur. 13.

The Block Education Officer, Vidyapati Nagar, District Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Jha, Advocate For the Respondent/s :

Ms. Neelam Kumari, AC to SC3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. Learned counsel for the petitioners submits that the petitioners' case is squarely covered by the order passed by a coordinate Bench of this Court in C.W.J.C. No. 11255 of 2016 dated 22.08.2019. He further submits that the case of similarly situated teachers was allowed by the authority concerned (Annexure-P/4 to the rejoinder of the writ application). He

Patna High Court CWJC No.14176 of 2024(4) dt.07-04-2025 3/3 further submits that the petitioners are eligible to get the similar benefit as the respondent nos.5 and 6 have given to the similarly situated teachers by way of Memo No.5043 dated 13.10.2023 and Memo No.1792 dated 14.03.2024.

4. Considering the facts and circumstances of the case, the petitioners are directed to file a fresh representation, enclosing all the supporting documents, before the respondent no. 5 (The District Education Officer, Samastipur) within four weeks and the respondent no. 5 would pass a reasoned and speaking order in accordance with law within one month, after personally hearing the learned counsel for the petitioners, considering the fact that the case of similarly situated teachers was allowed by the authority concerned.

5. It is made clear that the respondent no. 5 shall be personally responsible for non-compliance of this order within the stipulated period.

6. Accordingly, this writ petition stands disposed of. (Anjani Kumar Sharan, J) anand/- U