Sunil Kumar Panday v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14360 of 2023 ====================================================== 1.

Sunil Kumar Panday Son of Achhaiver Panday, Resident of VillageFakharabad, P.S- Kudra, District-Kaimur at Bhabua. 2.

Jitendra Kumar Panday, Son of Ishwar Dayal Pandey, Resident of VillageDarwan, P.S-Ramgarh, District- Kaimur at Bhabua. 3.

Ambuj Kumar Sharma, Resident of Village- Mahouta, P.S- Amarpur, District-Banka.

4.

Laxmi Kumari, wife of Avinash Singh, Resident of Village- Novav, P.SBakramganj, District- Rohtas. 5.

Vinit Kumar Mishra, Son of Bimal Prasad Mishra, Resident of VillageIndrath Khurd, P.S-Bikramganj, District-Rohtas 6.

Prasant Kumar, Son of Anil Kumar Ishwar, Resident of Village- Maranchi, P.S- Bachhuara, District- Begusarai.

... ... Petitioners.

Versus

1.

The State of Bihar Through the Chief Secretary, Govt. of Bihar, Patna. 2.

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

3.

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

4.

The Joint Secretary, Department of Education, Government of Bihar, Patna. 5.

The District Education Officer Establish, Kaimur at Bhabhua. 6.

The District Programme Officer Establish, Kaimur at Bhabhua 7.

The District Programme Officer Establish, Rohtas. 8.

The District Programme Officer Establish, Begusarai. 9.

The District Programme Officer, (Secondary Education) Kaimur at Bhabhua. 10.

The Chairman, Bihar Sanskrit Siksha Board, Patna. 11.

The Secretary, Bihar Sanskrit Siksha Board, Patna. 12.

The Headmaster, Maharshi Gautam Sanskrit High School, Bhopatpur, Pusauli, P.O- Bhitti, Block -Mohania, District- Kaimur at Bhabhua. 13.

The Secretary, Maharshi Gautam Sanskrit High School, Bhopatpur, Pusauli, P.O. Bhitti, Block -Mohania, District- Kaimur at Bhabhua. 14.

The Headmaster, Har Gauri Sanskrit High School Sanjhauli (Rohtas). 15.

The Headmaster, Shri Dandi Swami Primary-Cum- Secondary Sanskrit School, Kastar, (Rohtas).

16.

The Headmaster, Shri Mahavir Sanskrit High School, Dalsinghsaray, (Samastipur) 17.

The Secretary, Har Gauri Sanskrit High School Majhauli (Rohtas) ... ... Respondents.

Patna High Court CWJC No.14360 of 2023 dt.22-03-2024 2/3 Appearance :

For the Petitioners :

Mr. Yugal Kishore, Advocate Mr. Shyam Bihari Singh, Advocate For the BSSB : Mr. S.S. Sundaram, Advcoate Mr. Shashank Shekhar Jha, Advocate For the State :

Mrs. Usha Kumari Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 22-03-2024 Heard learned counsel for the parties.

2. Learned counsel for the petitioners submits that the issued raised in the present writ application is squarely covered by the decision of this Court in C.W.J.C. No.985 of 2015 dated 27.03.2019.

3. These petitioners have also been deprived of the benefits to which they were entitled by the impugned resolution dated 31st of August, 2013, which had already been quashed to the extent as indicated in the judgment dated 27.03.2019 passed in C.W.J.C. No.985 of 2015 by a Division Bench of this Court. Therefore, the petitioner is also entitled to the same benefits on the same terms.

4. In that view of the matter, this writ petition is allowed with a direction to the petitioners to file a fresh representation before the respondent nos.5 and 6 along with a copy of this order and the judgment dated 27.03.2019 passed in C.W.J.C. No.985 of 2015 and the respondent nos.5 and 6 are well advised to consider the case of the petitioner and grant the same benefits

Patna High Court CWJC No.14360 of 2023 dt.22-03-2024 3/3 including the arrears within a period of three months from the date of filing of such representation.

5. It goes without saying that respondent nos.5 and 6 shall be solely responsible for non-compliance of this order within the stipulated period.

6. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioners. (Anjani Kumar Sharan, J) Trivedi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.03.2024 Transmission Date NA