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Patna High CourtCWJC/15360/2023disposed

Rewati Raman Jha v. The State Of Bihar

2024-03-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15360 of 2023 ====================================================== 1.

Rewati Raman Jha Son of Sri Sarb Narayan Jha, Resident of VillageMahinathpur, P.S.- Basopatti, District- Madhubani. At present Head Master in Guneshwar Ram Swarup Ram Sagar Sanskrit High School Mahinathpur, P.S.- Basopatti, District- Madhubani.

2.

Pawan Kumar Jha, Son of Late Braj Nandan Jha, Resident of VillageKalikapur, P.S.-Kaluahi, District- Madhubani. At present trained Assistant Teacher in Guneshwar Ram Swarup Ram Sagar Sanskrit High School Mahinathpur, P.S.- Basopatti, District- Madhubani. 3.

Raghbendra Thakur, Son of Baleshwar Thakur, Resident of Village- Baheri, P.S.- Baheri, District- Darbhanga. At present Assistant Teacher in Guneshwar Ram Swarup Ram Sagar Sanskrit High School Mahinathpur, P.S.- Basopatti, District- Madhubani.

... ... Petitioners.

Versus

1.

The State of Bihar through Principal Secretary, Human Resources Development Department Government of Bihar, Vikash Bhawan, Patna. 2.

The Special Director, Secondary Education, Incharge Sanskrit Education Department, Government of Bihar, Vikash Bhawan, Patna. 3.

The Bihar Sanskrit Shiksha Board, Bihar, Patna through its Secretary. 4.

The Chairman, Bihar Sanskrit Shiksha Board, Bihar, Patna. 5.

The Secretary, the Bihar Sanskrit Shiksha Board, Bihar, Patna. 6.

The District Education Officer, Madhubani, District- Madhubani. 7.

The District Programme Officer, Establishment, Madhubani, DistrictMadhubani. ... ... Respondents.

====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Kumar Ishwar For the Respondent/s :

Mr. Jitendra Kumar Roy 1 ( Sc 13 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-03-2024 Heard learned counsel for the parties.

2. Learned counsel for the petitioners submits that the

Patna High Court CWJC No.15360 of 2023(2) dt.22-03-2024 2/3 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 petitioners are also entitled to the same benefits on the same terms.

4. In that view of the matter, this writ petition is disposed of with a direction to the petitioners to file a fresh representation before the respondent no.7 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 no.7 is well advised to consider the case of the petitioners and grant the same benefits including the arrears within a period of three months from the date of filing of such representation.

5. It goes without saying that respondent no.7 shall be responsible for non-compliance of this order within the stipulated period.

6. It is made clear that this Court has not expressed

Patna High Court CWJC No.15360 of 2023(2) dt.22-03-2024 3/3 any opinion with regard to the merits of the claim of the petitioners.

(Anjani Kumar Sharan, J) Trivedi/- U