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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19006 of 2017 ======================================================

1. Abdhesh Kumar son of Kameshwar Prasad Yadav Resident of ward no 3 Anand Vihar P.S. Madhepura District - Madhepura, Posted at Adhiklal M.S. Madhepura, District Madhepura.

2. Ajay Kumar son of Late Ganga Dhar Shah Resident of Village - P.O. Madhepura, District Madhepura posted at Banshi M.S. Kathara, Madhepura, District - Madhepura.

3. Pankaj Kumar son of Kamleshwar Prasad Yadav Resident of ward no 13 Nagar Parishad P.S. Madhepura District Madhepura posted as U.M.S. Rahua, Madhepura.

4. Abhay Kumar son of Late Satya Narayan Prasad Resident of village Barahi P.S. Madhepura, District - Madhepura posted at U.M.S. Piprahi no. 1 Anchal Singeshwar District Madhepura.

5. Kumar Mukund Bihari son of Late Shiv Charan Bhagat Resident of village Arajpur, P.S. Chousa, District - Madhepura posted as M.S. Bashaitha Anchal Chausa, District - Madhepura.

6. Mithilesh Kumar Jha son of Late Jagannath Jha Resident of Village - Rampati, P.S. District - Madhepura poste at M.S. Lalpur Saropatti, District Madhepura.

7. Shushil Kumar son of Late Rambahadur Kamati Resident of Village - Ghailarh, P.S. District - Madhepura posted as M.S. Itarhi Ghailarh, District - Madhepura.

8. Pramod Kumar Son of Sonelal Resident of Village Suhat P.S. Saurbazar, District Madhepura posted as U.M.S. Berba, Mithai, District Madhepura.

9. Vipin Kumar Singh son of Late Rajendra Prasad Singh Resident of village - Itarhi, P.S. - Alam Nagar, District - Madhepura posted as U.M.S. Alamnagar, District - Madhepura.

10. Siyaram Mochi son of Late Thakur Ram Resident of Village - Ward no 5 Sukumar P.S. Maijarwa, District - Madhepura posted as M.S. Durgapur District Madhepura.

11.Jay Krishna Jayee son of Late Jogeshwar Prasad Yadav Resident of village - Ward No 8 Sour Bazar P.S. Amrita District - Saharsa posted as U.M.S. Tuniyahi South District Madhepura.

12. Rai Maheshwar Kumar Mahesh son of Late Magalu Mahto Resident of village ward no 20 Guljarbag Madhepura P.S. Madhepura District Madhepura posted as U.M.S. Dubiyahi, District Madhepura.

13. Sanjay Kumar son of Sri Bhumi Saphi Resident of Village - Tulsiyahi P.S. Rahua, District Madhepura posted as U.M.S. Simraha, District Madhepura.

14. Manoj Kumar son of Late Kailash Mandal Resident of village - Madhuban, P.S. Madhepura, District - Madhepura posted as M.S.Bharrahi Bazar, District Madhepura.

15. Ramesh Kumar Bhushan Son of Late Shailendra Kumar Resident of village - Tulsiyahi, P.S. Rahua, District Madhepura posted as MS. Rauta District Madhepura.

16. Shardendu Shekhar Son of Late Shivendra Narayan Lav Resident of village - Patouri, P.S. Bihara, District - Saharsa posted as U.M.S. Dubiyahi, District - Madhepura.

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17. Dilip Kumar son of Late Mahendra Ram Resident of village - Sukhasan, P.S. Singheshwar District Madhepura Posted as U.M.S. Ketawan, District - Madhepura.

18. Sanjiv Kumar Bharti son of Late Krit Narayan Krit Resident of village - Kataiya, P.S. Singheshwar District - Madhepura Posted as U.M.S. Ketawan, District Madhepura.

19. Satish Kumar son of Late Chaturanan Yadav Resident of village - Ward No. 1 Mohanpur Barahi, P.S. - Madhepura District - Madhepura posted as U.M.S. Kanya Khad, Gamhariya, District Madhepura.

20. Smt. Ranju Kumari Daughter of Late Gauri Shankar Choudhari resident of village and P.S. Singheshwar, District Madhepura posted as U.M.S. Singheshwar District - Madhepura.

21. Ramesh Prasad Yadav son of Late Giriwar Prasad Mandal Resident of village Sukhasan Chakala, P.S. Madhepura, District - Madhepura posted as Devi Sah M.S. Givachpur, Gamharia, District Madhepura.

22. Kaushal Kishore son of Late Shiv Nandan Prasad Yadav Resident of village - Gehumani, P.S. Singheshwar, District Madhepura posted as Bhagwat Pandey M.S. Jiwachpur Gamharia, District - Madhepura.

23. Nirmal Kumar Bharti son of Late Shiv Nandan Yadav Resident of village - Yogmani, P.S. - Singheshwar, District - Madhepura posted as U.M.S. Singhpur Gamharia, Madhepura.

24. Pashupati Prasad Chaurasia son of Late Jhakasu Prasad Chourasia Resident of village Ward No. 23 Bhiraki Station Road P.S. Madhepura, District - Madhepura posted at Adarsh M.S.Bhikhari Bazar, Madhepura.

25. Manoj Kumar Rajak son of Sri Ram Shewak Rajak Resident of village and P.S. Murliganj, District Madhepura Posted at U.M.S. Rajpur Hindi Madhepura.

26. Dinesh Kumar Mandal son of Jagdish Mandal Resident of village ward no 6 Ghilarh P.S. Ghilarh, District - Madhepura Posted at P.S. Manhara, District Madhepura.

27. Smt. Kiran Kumari daughter of Late Bindeshwari Das Resident of village - ward no 21 Bhirakhi P.S. Madhepura, District - Madhepura Posted at Adarsh M.S. Bhikhari Bazar, Madhepura.

28. Smt. Usha daughter of Ramdev Prasad Yadav Resident of village-ward no 1 Patharaha, P.S. - Madhepura, District Madhepura Posted at Adhikalal M.S. Madhepura.

29. Subhash Chand Yadav son of Late Shailendra Kumar Yadav Resident of village Sahugarh, P.S. Madhepura, District - Madhepura Posted at M.S. Sahugarh, Madhepura.

30. Radhey Shyam Mandal son of Late Mishri Lal Mandal Resident of Village - Ghailarh, P.S. Ghailarh, District Madhepura Posted at U.M.S. Dayalpur Gamhariya, District Madhepura.

31. Dinesh Prasad Gupta son of Late Narsingh Prasad Yadav Resident of ward no 14 D.M. Residence Road P.S. Madhepura District - Madhepura Posted at M.S. Baliya, Madhepura.

32. Navin Kumar son of Late Vidya Nand Bhagat Resident of ward no 1 Malik Tola, P.S. Singheshwar, District - Madhepura Posted at U.M.S. Rupali Singheshwar, Madhepura.

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33. Manoj Kumar son of Late Jai Narayan Yadav Resident of village - Sahugarh, P.S. - Madhepura, District - Madhepura Posted at M.S. Lahara, District - Madhepura.

34. Saraswati Kumari wife of Late Dayanand Yadav Resident of ward no 9 Maurkahi Dhabauli East, District - Saharsa Posted at M.S. Madhuban, Madhepura.

35. Virendra Kumar Yadav son of Late Satya Narayan Yadav Resident of ward no 2 Maura Baghla P.S. Jhakaha District - Madhepura Posted at P.S. Godhiyari Chouraha Shankarpur, Madhepura.

36. Rakesh Kumar son of Kailash Sharma Resident of village - ward no 15 Jaypalpatti, P.S. Madhepura, District - Madhepura Posted at P.S. Garibtol Bhirakhi, District - Madhepura. ... ... Petitioner/s

Versus

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

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

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

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

5. The Regional Deputy Director of Education, Saharsa.

6. The District Education Officer, Madhepura.

7. The District Program Officer (Establishment), Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arabind Nath Pandey, Advocate Mr. Varun Kumar, Advocate For the Respondent/s :

Mr. Umesh Narayan Dubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-01-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ petition is non-consideration of senior pay scale on completion of Kalawadhi.

Counsel for the petitioner submits that the issue is no more res integra. It has already been decided vide Annexure-2 to the

4/4 writ petition, i.e. the order passed in CWJC No. 6139 of 2007 on 31.3.2011 which has been affirmed by the Division Bench in LPA No. 756 of 2015 by order dated 16.8.2017. In view of the above, the writ petition is disposed of with a direction to the respondent No. 6 to examine the case of the petitioners and if it is found that the case of the petitioners is covered by the orders as contained in Annexures 2 and 3, he shall extend the same benefit to the petitioners of this case within a period of two months from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) spandey/- U