Pushpa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14823 of 2023 ====================================================== Pushpa Kumari Wife Of Gaurav Kumar, Resident Of Village Ward No 25, Durga Mandir, New Chandmari, P.S. - Motihari, District - East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Primary Education, Govt of Bihar, Patna. 3.

The District Magistrate, East Champaran, Motihari. 4.

The District Education Officer, East Champaran, Motihari. 5.

The District Programme Officer, Establishment, East Champaran, Motihari. 6.

The Executive Officer, Nagar Parishad, East Champaran, Motihari. 7.

The Block Education Officer, Areraj, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar, Adv.

For the Respondent/s :

Mr. Prabhakar Jha ( Gp 27 ) For Motihari Municipal Corporaion Mr. Raghwannand, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2024 Learned counsel for the State has filed the counter affidavit today in the Court.

2. Let it be kept on record.

3. Heard the parties.

4. Learned counsel for the petitioner submits that the case of the petitioner is duly covered by the judgment passed by a Co-ordinate Bench of this Court in Chandra Shekhar Azad & Ors v. The State of Bihar & Ors in CWJC No. 8963 of 2018 dated 11.05.2018.

5. Learned counsel for the State submits that in terms

Patna High Court CWJC No.14823 of 2023(3) dt.20-04-2024 2/2 of Chandra Shekhar Azad case, the petitioner may be directed to file a representation before District Programme Officer, Establishment, East Champaran, Motihari.

6. Having heard learned counsel for the parties and taking into consideration the submissions, the writ petition is disposed with liberty to the petitioner to approach the Respondent No.5/The District Programme Officer, Establishment, East Champaran, Motihari by filing a representation within a period of three weeks, which shall be decided by Respondent No.5 within a period of ten weeks from the date of receipt of the representation.

7. If it is found that the case of the petitioner is covered by the Chandra Shekhar Azad, then similar benefits shall be granted to the petitioner.

8. With the aforesaid observation and direction, the petition stands dispose of.

(Anjani Kumar Sharan, J) devendra/- U T