Francis P. V. @ Fr. Francis P. V. S. J. v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9307 of 2017 ====================================================== Francis P. V. @ Fr. Francis P. V. S. J. son of late Ouseph Varkey resident of Khrist Raja High School, Bettiah, West Champaran District, at present residing at Catholic Church, Latonah, P.S. Tribeniganj, District Supaul. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.
2. Director, Secondary Education, Government of Bihar, Patna.
3. District Education Officer, W. Champaran, District Bettiah. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 9358 of 2017 ====================================================== Sylvester Dungdung, Son of Raphael Dungdung, resident of Khrist Raja High School Bettiah, P.S. Bettiah Muffasil, District- West Champaran. ... ... Petitioner/s
Versus
1. State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.
2. The Director, Secondary Education, Government of Bihar, Patna.
3. District Education Officer, W. Champaran District- Bettiah. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 9486 of 2017 ====================================================== Christopher Kerketta @ Fr. Christopher Kerketta S. J. Son of late Amus Kerketta, resident of Khrist Raja High School, Bettiah, P.s. Bettiah Muffassil, District West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Human Resources Development Department Government of BIhar, Patna.
2. Director, Secondary Education, Government of Bihar, Patna.
3. District Education Officer, W. Champaran District, Bettah ... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 9307 of 2017) For the Petitioner/s :
Mr. K.M.Joseph For the Respondent/s :
Mr. Narendra Kumar- GP20 (In Civil Writ Jurisdiction Case No. 9358 of 2017)
Patna High Court CWJC No.9307 of 2017(4) dt.28-02-2018 2/3 For the Petitioner/s :
Mr. K.M.Joseph For the Respondent/s :
Mr. Kameshwar Kumar- GP17 (In Civil Writ Jurisdiction Case No. 9486 of 2017) For the Petitioner/s :
Mr. K.M.Joseph For the Respondent/s :
Mr. S.K. Ranjan Mr. Hari Mohan Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-02-2018 Heard Mr. Joseph, learned counsel appearing on behalf of the petitioners and AC to GP-17.
In C.W.J.C. No. 9307 of 2017, a counter affidavit has been filed by respondent no.4 wherein respondents have specifically averred in para-9, referring to the letter of Director, Secondary Education dated 22.2.2018 enclosing Annexure-A. The statement made in para-9 of the counter affidavit reads as follows:-
9. 'It is humbly stated that in the instant case also the Director, Secondary Education Vide his letter no. 222 dated 22.02.2018 has instructed the District Education Officer/District Programme Officer(Establishment), West Champaran to ensure payment of salary of the petitioner from the available fund and to file counter affidavit in this regard.'
In view of the statement made in para-9 of the counter affidavit and Annexure-A enclosed with the counter affidavit, there remain no lis to be adjudicated by this court. The respondents are supposed to honour their statements made in
Patna High Court CWJC No.9307 of 2017(4) dt.28-02-2018 3/3 para-9 and release fund for payment of salary to the petitioners preferably within a period of two months from the date of receipt/production of a copy of this order.
Since the case of three petitioners is covered by the decision contained in Annexure-A to the counter affidavit in C.W.J.C. No. 9307 of 2017, all the three petitions are disposed of accordingly by this common order.
(Anil Kumar Upadhyay, J) Ravi/- U