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Patna High CourtMJC/3335/2018disposed

Anup Kumar And ORS v. The State Of Bihar And ORS

2019-07-31Mr. Justice Dr. Anil Kumar Upadhyay5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3335 of 2018 In Civil Writ Jurisdiction Case No.7924 of 2018 ====================================================== 1.

Anup Kumar and Ors Son of Sri Gajendra Mohan Prasad, Resident of Mohalla- Janakpur, Sujata Press, Near- River Side, Police Station- Muffasil, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Pachlakh, Anchal- Khizersari, District- Gaya. 2.

Pankaj Kumar, Son of Late Kamal Prasad Singh, Resident of MohallaJheelganj, Pipragali, Police Station- Kotwali, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Barew, Anchal- Manpur, District- Gaya.

3.

Manoj Kumar, Son of Late Rampadarath Singh, Resident of MohallaMaksudpur House, Moria Ghat, Police Station- Kotwali, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Pahra, Anchal- Guraru, District- Gaya. 4.

Md. Nasim Uddin, Son of Late Abdul Mannan, Resident of Village- Bathani, Police Station- Neemchak Bathani, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Manpur Adda, Anchal- Nagar Nigam South, District- Gaya. 5.

Jitendra Narayan Singh, Son of Late Balkeshwar Singh, Resident of VillageManjathi, Police Station- Bandeya Goh, District- Aurangabad. At present posted and working as an Assistant Teacher in Govt. Middle School Rasalpur, Anchal- Manpur, District- Gaya.

6.

Mukesh Kumar, Son of Late Upendra Narayan Singh, Resident of MohallaSiddharthpuri Colony, Police Station- Muffasil, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Kodihara, Anchal- Khizersarai, District- Gaya. 7.

Deo Kumar Singh, Son of Late Harihar Singh, Resident of Mohalla- Tekari Road Golpathar, Police Station- Kotwali, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Raghunathkhap, Anchal- Gurua, District- Gaya. 8.

Chandramani Kumar, Son of Late Mahendra Prasad Singh, Resident of Village- Jamuawan, Police Station- Mahkar, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Simrauka, Anchal- Khizersarai, District- Gaya. 9.

Santosh Kumar Sinha, Son of Sri Sudhir Kumar Sinha, Resident of MohallaNew Godown Gaya, Police Station- Kotwali, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Padya, Anchal- Barachatti, District- Gaya.

10.

Chandrabhushan Kr Sinha, Son of Late Shiv Pujan Sinha, Resident of Mohalla- Hanuman Nagar, Road No. 7, Mustafabad, Police StationRampur, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Mahmadda, Anchal- Paraiya, 11.

Akshay Kumar, Son of Late Bigan Das, Resident of Village- Sagarpur,

2/5 Police Station- Makhdumpur, District- Jehanabad. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Bhaluwa, Anchal- Dobhi, District- Gaya.

12.

Shreeniwas Sharma, Son of Late Hridaya Nandan Sharma, Resident of Village- Kathautiya, Police Station- Aanti Konch, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Rasalpur, Anchal- Manpur, District- Gaya.

13.

Imran Khan, Son of Late Md. Waizuddin Khan, Resident of Village- Mahesh Tikry via Basantrai, Police Station- Pathargama, District- Godda Jharkhand. At present posted and working as a Assistant Teacher in Govt. Middle School Gaya, Anchal- Nagar Nigam North, District- Gaya. 14.

Anil Kumar, Son of Chandrika Prasad, Resident of Village- Kukra, Police Station- Buniyadganj, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Tikar Hingi, Anchal- Atri, 15.

Satya Prakash, Son of Sri Hari Sao, Resident of Mohalla- Bithosharif, Police Station- Chandauti, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Birnoi, Anchal- Atri, 16.

Surendra Kumar, Son of Late Ram Das Prasad, Resident of VillageLakerdewa, Police Station- Sherghati, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Kanhaul, Anchal- Bodh- Gaya, District- Gaya.

17.

Sunil Kumar, Son of Sri Mohan Lal Gupta, Resident of Mohalla- Sadar Bazar Jamalpur, Police Station- Jamalpur, District- Munger. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Bahera, Anchal- Dobhi, District- Gaya.

18.

Ramjee Prasad, Son of Late Harihar Mahto, Resident of Village- Nanand, Police Station- Silao, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Baraini, AnchalNeemchak Bathani, District- Gaya. 19.

Vinod Kumar Ravidas, Son of Arjun Das, Resident of Village- Angra, Post Office Police Station- AngraAanti, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Alampur, Anchal- Tekari, District- Gaya.

20.

Jay Shankar Tiwary, Son of Late Kameshwar Tiwary, Resident of VillageKachanwa, Police Station- Bela, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Akbarpur, Anchal- Tekari, District- Gaya.

21.

Prem Kumar Das, Son of Late Sarjoo Ram Das, Resident of Village- Chotki Nawada, Police Station- Delha, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Amokhar, Anchal- Paraiya, District- Gaya.

22.

Binod Bihari, Son of Late Sukhdeo Prasad, Resident of Village- Kosma, Police Station- Chandauti, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Karjani, Anchal- Atri,

3/5 23.

Manoj Kr Nandkuliyar, Son of Sheonandan Prasad, Resident of MohallaRamdhanpur, Police Station- Kotwali, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Sarvajanik Arya Middle School Ashram, Anchal- Nagar Nigam South, District- Gaya. 24.

Sudhir Kumar, Son of Late Jainandan Prasad Singh, Resident of MohallaRamdhanpur, Police Station- Kotwali, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Paroriya, Anchal- Manpur, District- Gaya.

25.

Santosh Kumar, Son of Late Munarik Ram, Resident of Village- Palaki Sakhi, Police Station- Konch, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Middle School Raunagarh, Anchal- Guraru, 26.

Arshad Hussain, Son of Late Md. Shabbir Hussain, Resident of MohallaNagmatiya Colony, Police Station- Civil Line, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Urdu Middle School Nauranga, Anchal- Manpur, District- Gaya. 27.

Subir Kumar Singh, Son of Late Geeta Prasad, Resident of MohallaLakhibagh Near- Gauri Kanya, Middle School, Police Station- Muffasil, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Middle School Shikhar, Anchal- Manpur, District- Gaya. 28.

Biresh Kumar Sinha, Son of Sri Ram Sharan Prasad, Resident of VillageNanand, Police Station- Silao, District- Nalanda. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Patuhla, Anchal- Wazirganj, District- Gaya.

29.

Satendra Kumar Singh, Son of Late Ram Singh, Resident of Village- Malti, Police Station- Atri, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Pura, Anchal- Wazirganj, ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mr. R.K. Mahajan,the Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

Mr. Rahul Singh,the Principal Secretary, Department of Finance, Government of Bihar, Patna.

4.

Mr. Arvind Kumar Verma, the Director, Primary Education, Government of Bihar, Patna.

5.

Md. Mustafa Hussion Mansoori, the District Education Officer, District6. Mr. Rajdeo Ram, the District Programme Officer Establishment District7. Mr. Sarvesh Kumar, the Sub- Inspector of School, Nagar Nigam South, 8.

Mr. Musafir Upadhyay, the Sub- Inspector of School, Nagar Nigam North,

4/5 9.

Mr. Madan Mohan, the Block Education Officer, Belaganj, District- Gaya. 10.

Mr. Hriday Narayan Pandit, the Block Education Officer, Wazirganj, 11.

Mr. Ajit Kumar, the Block Education Officer, Manpur, District- Gaya. 12.

Mr. Janardan Chaudhary, the Block Education Officer, Khizersarai, District13. Mr. Hari Krishna Jha, the Block Education Officer, Atari, District- Gaya. 14.

Mr. Satya Narayan Sah, the Block Education Officer, Bodhgaya, District15. Mr. Akhilesh Kumar, the Block Education Officer, Barachatti, District16. Mr. Ramnaresh Singh, the Block Education Officer, Gurua, District- Gaya. 17.

Mr. Md. Afjal, the Block Education Officer, Konch, District- Gaya. 18.

Mr. Ravindra Thakur, the Block Education Officer, Tekari, District- Gaya. 19.

Mr. Md. Mokimuddin, the Block Education Officer, Bathani, District- Gaya. 20.

Mr. Upendra Prasad, the Block Education Officer, Paraiya, District- Gaya. 21.

Mr. Nagendra Singh, the Block Education Officer, Dobhi, District- Gaya. 22.

Mr. Dayanand Ram, the Block Education Officer, Guraru, District- Gaya. 23.

Mr. Ram Bilash Sinth, the Headmaster cum Drawing and Disbursing Officer, Govt. Middle School Khiza 24.

Mr. Ram Krishna Yadav, the Headmaster cum Drawing and Disbursing Officer, Govt. Middle School Manpu 25.

Mr. Satya Prakash, the Headmaster cum Drawing and Disbursing Officer, Govt. AlakhdeoMiddle School 26.

Mrs. Hemlata Bhagat, the Headmaster cum Drawing and Disbursing Officer, Govt. Middle School Pirasin 27.

Mr. Arvind Kumar, the Headmaster cum Drawing and Disbursing Officer, Govt. Middle School Konch, Anc 28.

Mr. Kameshwar Chaudhary, the Headmaster cum Drawing and Disbursing Officer, Govt. Middle School Kaj 29.

Mr. Md. Sahabuddin, the Headmaster cum Drawing and Disbursing Officer, Govt. Girls Middle School Bo 30.

Mr. Naresh Prasad, the Headmaster cum Drawing and Disbursing Officer, Govt. Middle School Parishad, 31.

Mrs. Gita Devi, the Headmaster cum Drawing and Disbursing Officer, Govt. Middle School Gurua, Ancha 32.

Mr. Md. Sahabuddin, the Headmaster cum Drawing and Disbursing Officer, Govt. Mahavir Middle School, 33.

Mr. Ramakant Sharma, the Headmaster cum Drawing and Disbursing Officer, Govt. Town Middle School Te 34.

Md. Jiyaul Hasan, the Headmaster cum Drawing and Disbursing Officer, Govt. Middle School Neemchak B

5/5 35.

Mr. Prabha Kumari , the Headmaster cum Drawing and Disbursing Officer, Govt. Middle School Wazirgan 37.

Mr. Arvind Kumar Verma, the District Treasury Officer, District- Gaya. null null 38.

Mr. Arvind Kumar Verma, the District Sub- Treasury Officer, Tekari, 39.

Mr. Sushil Kumar, the District Sub- Treasury Officer, Sherghati, District- ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Opposite Party/s :

Mr.Ashutosh Ranjan Pandey - Aag 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-07-2019 Having regard to the fact that opposite parties have passed order on 2.2.2019 whereby claim of the petitioner nos. 1 to 11, 13 to 22 and 28 to 29 has been rejected. Rest others were found covered by the judgment in C.W.J.C. No. 6139 of 2007 and have been granted the benefit. Considering the aforesaid, the present proceeding is dropped. The application is disposed of with liberty to the petitioners to challenge the decision dated 2.2.2019 in appropriate forum in accordance with law.

(Anil Kumar Upadhyay, J) Ravi/- U