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Patna High CourtCWJC/23546/2013allowed

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

2015-01-23Mr. Justice Ajay Kumar Tripathi5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23546 of 2013 ======================================================

1. Vijay Kumar S/O Sri Satrughan Sharan Singh Resident Of Village - Ankupur, P.O. Belkhara, P.S. Rampur Chauram, District - Arwal Presently Working As Graduate Trained Teacher, Upgraded Middle School, Amra, Arwal Block ( Arwal )

2. Umesh Singh Son Of Sri Samru Singh Resident Of Village - Satpura P.O. Bara Koriam, P.S. And District - Arwal Presently Working As Graduate Trained Teacher, Upgraded Middle School, Nasirna Block Kurtha

3. Rajiv Kumar Son Of Sri Bishnu Dayal Singh Resident Of Vill. - Sukhi, P.O. Hriday Chak, P.S. Mahendia, District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Sukhi Bigha, Block, And District - Arwal

4. Rajdeo Ram S/O Sri Ramjatan Ram Resident Of Vill. - Arwal Sipar P.O. And P.S. And District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Sheikhpura Block Karpi ( Arwal )

5. Ram Kumar Sharma Son Of Sri Ram Sharma Resident Of Village - Rasidpur, P.O. Sakari Chowki, P.S. And District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Sarbale, Bansi Block ( Arwal )

6. Sabir Hussain Son Of Mohammad Hussain Resident Of Village - Faridabad, P.O. P.S. And District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Sarwan Block Arwal District - Arwal

7. Mumtaz Alam Son Of Ali Mohammad Ansari Resident Of Village - Gangapur, P.O. And P.S. Kurtha, District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Santawan Bigha, Arwal Block District - Arwal

8. Samimuddin Ansari Son Of Ali Mohammad Ansari Resident Of Village - Gangapur, P.O. P.S. Kurtha, District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Chhatoi, Kurtha Block District - Arwal

9. Suresh Kumar S/O Rajdeo Singh Resident Of Village - Chhatu Bigha, P.O. Sarwan, P.S. Rampur Chauram, District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Rajepur, Block - Kurtha, Arwal

10. Ramdhari Singh Dinkar Son Of Sri Sudarshan Prasad Resident Of Village And P.O. Baidarabad, P.S. And District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Samanpur Baddo, Block Karpi District - Arwal

11. Rohit Kumar Son Of Bishnudeo Singh Resident Of Village - Mathurapur, P.O. Shankarpur, P.S. Paliganj, Patna Presently Working As Graduate Trained Teacher, Upgraded Middle School, Aabgila Block And

12. Chaudhary Charan Kumar Son Of Sri Chaman Chaudhary Resident Of Village - Masudabad, P.O. Sakari Khurd, P.S. Mehandia, District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Dangara Aahar And District - Arwal

13. Sanjay Kumar Son Of Dularchand Ram Resident Of Village -

2/5 Mahammadpur, P.O. Aganur P.S. Daudnagar, District - Aurangabad, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Kusare Block Karpi District - Arwal

14. Sanjay Kumar Mandal Son Of Sri Rajan Pandit Resident Of Village - Kodmarai, P.O. Pinjarawan, P.S. Kurtha, District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Radha Nagar, Block Karpi District - Arwal

15. Mohammad Soyeb Ansari Son Of Md. Ismail Ansari Resident Of Village And P.O. Teri, P.S. Mehandia, District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Sarauti Block And

16. Md. Mahaboob Son Of Md. Hussain Resident Of Village - Muradpur Hojra, P.O. Baidarabad, P.S. And District Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Sumera Block And

17. Deo Baliram Son Of Sheo Dahin Ram Resident Of Village - Mianbad, P.O. And P.S. Sahar Telpa, District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Usaridih, Block Kaler, District - Arwal

18. Nagendra Narayan Son Of Chandradhan Ram Resident Of Village, P.O. Kamta, P.S. Parase, District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Dakshinwari Mathia, Block Karpi District - Arwal

19. Sanjay Satyarthi Son Of Nageshwar Singh Resident Of Village And P.O. Chhata, P.S. Masaurhi, District - Patna, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Nadi Khurd, Block Karpi, District - Arwal

20. Pappu Rajak Son Of Seonath Rajak Resident Of Village - Sachaye, P.O. And P.S. Kurtha District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Sherpur, Block - Banshi,

21. Nanhak Rajak Son Of Sakhi Chand Rajak Resident Of Village - Sherpur, P.O. And P.S. Karpi, District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Selarpur Block Karpi

22. Yugal Kishore Singh Son Of Shiv Sharan Singh Resident Of Village - Bhagwanpur, P.O. Masadpur, P.S. Parase, District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Sohsa Block - Karpi, District - Arwal

23. Nagendra Kumar Son Of Saryu Prasad Resident Of Village - Rustamchak, P.O. Gyani Bigha, P.S.Sakurabad, District Jehanabad Presently Working As Graduate Trained Teacher, Upgraded Middle School, Ram Nagar Block - Karpi, District - Arwal

24. Lalit Kumar S/O Keshav Narayan Singh Resident Of Village - Manjhopur, P.O. Bara Nathu, P.S. Karpi, District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Jaipur, Block- Kaler District - Arwal

25. Sushil Kumar Son Of Shyamnandan Sinha Resident Of Village - Mungila, P.O. Shankarpur, P.S. Paliganj, District - Patna, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Narga, Block - Karpi, District - Arwal

26. Pancham Chakraborty Son Of Mahabalya Mochi Resident Of Village

3/5 P.O. And P.S. Karpi, District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Saidpur Dhawa, Block And

27. Mimsad Ali Ahshan Son Of Mehandi Hasan Resident Of Village And P.O. Bhadase, P.S. And District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Jalpura, Block And District - Arwal

28. Vidya Bhushan Kumar S/O Sri Kail Das Resident Of Village And P.O. Sarsi, P.S. Paliganj, District - Patna, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Samharia, Block - Kaler,

29. Kavindra Mochi Son Of Sri Rajeshwar Mochi Resident Of Village - Mahuari, P.O. Sidhipur, P.S. Paliganj, District - Patna, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Pratap Pur, Block Kurtha District - Arwal

30. Rajesh Kumar Son Of Sri Chandeshwar Ram Resident Of Village - Mahaddipur, P.O. Piro, P.S. Haspura, District - Aurangabad, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Jonha, Karpi Block, District - Arwal

31. Devendra Kumar Son Of Sri Deodatta Singh Resident Of Vill. - Konika - P.O. Parsadi English, P.S. And District - Arwal, Presently Working As Graduate Teacher, Upgraded Middle School, Sainpur Block - Karpi, District - Arwal

32. Ramdayal Ram Son Of Panduk Ram Resident Of Village And P.O. Narga, P.S. Karpi, District - Arwal, Presently Working As Graduate Trained Teacher, Upgraded Middle School, Fakharpur, Block And District - Arwal

33. Umesh Umesh Kumar Singh Son Of Sri Ram Singh Resident Of Village - Pyarechak, P.O. Sarwan, P.S. And District - Arwal, Presently Working As Graduate Assistant Teacher, Upgraded Middle School, Sarwarpur, Block - Kaler, District - Arwal

34. Manoj Kumar Nirala Son Of Ram Sagar Ram Resident Of Village P.O. And P.S. Rampur Chauram, District - Arwal, Presently Working As Graduate Assistant Teacher, Upgraded Middle School, Utrawan, Block - Kurtha, District - Arwal

35. Anil Kumar Son Of Late Sita Ram Paswan Resident Of Village - Satpura P.O. Bara Koriam, P.S. And District - Arwal Presently Working As Graduate Assistant Teacher, Upgraded Middle School, Ahmadpur ( Harna ), Block Kurtha, District - Arwal

36. Umesh Prasad Singh Son Of Sri Ram Swami Singh Resident Of Village - Nadi, P.O. Murari, P.S. Karpi, District - Arwal, Presently Working As Graduate Assistant Teacher, Upgraded Middle School, Andhra Chak, Block Karpi, District - Arwal

37. Rajesh Kumar Son Of Bijendra Prasad Singh Resident Of Village And P.O. Charma, P.S. Masaurhi, District - Patna, Presently Working As Assistant Teacher, Upgraded Middle School, Jalwaia, Block - Kaler, .... .... Petitioner/s

Versus

1. The State Of Bihar

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

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

4/5

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

5. The District Magistrate, Arwal

6. The District Education Officer, Jehanabad

7. The District Programme Officer (Establishment), Jehanabad

8. The District Education Officer, Arwal

9. The District Programme Officer (Establishment), Arwal

10. Drawing Disbursing Officer, Arwal, District - Arwal

11. Drawing Disbursing Officer, Karpi, Arwal

12. Drawing Disbursing Officer, Kutha, Arwal

13. Drawing Disbursing Officer, Kaler, Arwal

14. Drawing Disbursing Officer Cum BEO, Bansi, Arwal .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bajarangi Lal For the Respondent/s : Mr. Pravin Kumar Verma, AC to SC 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 23-01-2015 Taking into consideration a recent notification no.2007-12 dated 5.1.2015 issued under the signature of the Joint Secretary, Education Department, Government of Bihar in relation to grant of benefit of trained scale to untrained teachers of primary schools coupled with the fact that these petitioners are said to be appointees between the period 1999 and 2000, therefore, even they come within the category of persons, who will get the benefit of trained scale with effect from 1.10.2003 especially since they have passed the examination in first attempt as is the stand of these petitioners.

The District Programme Officer (Establishment), Arwal, respondent no.9, is directed to issue appropriate orders and notifications taking into consideration the latest notification

5/5 as indicated above within a period of three months from the date of filing of such an application with a copy of this order. Writ is allowed.

(Ajay Kumar Tripathi, J) sk U