Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.680 of 2022 In Civil Writ Jurisdiction Case No.3109 of 2021 ====================================================== 1.

Sushil Kumar Son of Haridawar Singh Resident of Village- Korra Kothi, East Street Unta, Post Office and Police Station and District- Jehanabad at present posted as Head Master at Upgraded Middle School, Pinjaur, 2.

Jay Prakash Narayan Son of Rupeo Singh Resident of Village- Mahariya, Post- Nagla Kinjer, Police Station- Kinjer, District- Jehanabad at present posted as Head Master at Upgraded Middle School, Sikariya, Jehanabad. 3.

Ramadhar Kumar Roy Son of Rajendra Roy Resident of Village- Lakhawar, Police Station- Ghoshi, District- Jehanabad at present posted as Head Master, Upgraded Middle School, Devghara (Kako), Jehanabad. 4.

Ajay Kumar Son of Ramdeo Prasad Resident of Village- East Unta, Near Old Deo Office, P.O.- R.S., P.S. and Dist- Jehanabad at present posted as Head Master, Upgraded Middle School, Muther Lodipur (Jehanabad). 5.

Niranjan Kumar Son of Baijnath Sharma , Resident of Village- Jaru, PostJaru Banbariya, P.S.- Khijar Sarai, District- Jehanabad at present posted as Head Master, at Upgraded Middle School, Nagwan Hindi (Kako), 6.

Balwant Paswan Son of Yadunandan Ram, Resident of Village- Kakariya, P.O.- Bandya, P.S.- Makhdumpur, District- Jehanabad, at present posted as Head Master, Upgraded Middle School, Barapali, Kako, Jehanabad. 7.

Rajeev Lochan Son of Biendra Kumar, Resident of Maurya Nagar, P.S. and District- Jehanabad at present posted as Graduate Trained Teacher at Kanya Middle School, Kako, Jehanabad.

8.

Niraj Kumar Son of Chandeshwar Prasad Resident of Village- Jamalpur, P.O.- Lari, P.S.- Kurtha, Arwal. At present posted as Head Master, at Upgraded Middle School, Dharampur, Jehanabad. 9.

Md. Jamil Akhtar Son of Abdul Jabbar, Resident of Shekhalam Chak, P.O. and P.S. and District- Jehanabad. At present posted as Head Master, Upgraded Middle School, Badhar, Jehanabad.

10.

Awadhesh Kumar Son of Sipahi Singh, Resident of Village- Aashirbad Bhawan, Aryapath, near Maharshi Patanjali School, Chandra Banshi Nagar, P.O. and P.S. and District- Jehanabad, at present posted as Graduate Trained Teacher at Upgraded Middle School, Rasalpur, Kako, (Jehanabad). 11.

Javed Ahmad Son of Md. Muslim Ghazi, Resident of Gareriya Khand, Jehanabad, P.O. and P.S. and District- Jehanabad, at present posted as Head Master, at Upgraded Middle School, Dihuri, Jehanabad. 12.

Md. Mustaque Ahmad Son of Abdul Rehman, Resident of VillageSakurabad, Post Office- Sakurabad, District- Jehanabad, at present posted as Head Master at Upgraded Middle School, Sikandarpur Ratni Faridpur, 13.

M.A. Salam Arif Son of Md. Zafiruddin Resident of New Karimganj, New Colony, 24K, Gaya Bihar- 823001, at present posted as Upgraded Middle

2/6 School, Nazarubigha, Makhadumpur, District- Jehanabad. 14.

Satyendra Kumar Son of Rameshwar Prasad, Resident of Village- Gopalpur, Post Office- Niranjanpur, Arwal, at present posted as Head Master, Upgraded Middle School, Salemapur, Jehanabad. 15.

Srikant Prasad Son of Chandrika Prasad, Resident of Village- Matukchak, Post Office- Abgila, Police Station- Paras Bigha, Jehanabad, at present posted as Graduate Trained Teacher, Upgraded Middle School, Muriyabigha, (Modanganj).

16.

Md. Mahmood Ansari Son of Md. Yusuf Ansari, Resident of Village- Kako Mohala Syed Tola, Kako, Jehanabad, at present posted as Head Master, Upgraded Middle School, Shekhpura, Modanganj. 17.

Md. Mahtab Alam Son of Mahboob Alam, Resident of Makhdumpur, Post Office and Police Station and District- Jehanabad at present posted as Urdu Upgraded Middle School, Kandar, Makhdumpur.

18.

Prem Rajak Son of Hari Rajak Post Office and Police Station and DistrictJehanabad at present posted as Assistant Master, Upgraded Middle School, Sohe, Jehanabad.

19.

Md. Ishfaque Ahmad Son of Md. Mushtaque Ahmad, Resident of Ekkildhora, Post Office- Kurtha Bazar, Police Station- Makhdumpur, Jehanabad at present posted as Head Master at Upgraded Middle School, Ghanshyam Bigha.

20.

Md. Azhar Hussain Son of Md. Jan Tailor, Resident of Shakurabad, Police Station- Shakurabad, District- Jehanabad, at present posted as Head Master at Upgraded Middle School, Gonwan, Jehanabad. 21.

Jagadhar Baitha Son of Jageshwar Baitha, Resident of Hazipur, Post OfficeDhangawan, Police Station and District- Jehanabad at present posted as Head Master, Upgraded Middle School, Utrapatti. 22.

Naresh Kumar Son of Ram Briksh Paswan Resident of Maurya Nagar, Post Office and Police Station and District- Jehanabad at present posted as Upgraded Middle School, Nauru, Jehanabad.

23.

Kumkum Kumari D/o Ramakant Sharma, W/o Kumar Om Prakash Resident of Village- Bhelawar Gopalpur Mahadev Sthan, Police Station- Kako, Jehanabad at present posted as Head Master at Upgraded Middle School Rasutpur, Kako, Jehanabad.

24.

Manoj Kumar Son of Madan Mohan Singh, Resident of Vikash Book Store, IOC Road, Sipara Shekhpura, Dhelwan, Sampatchak at present posted as Head Master, Upgraded Middle School, Sakaraudha (Modanganj), 25.

Ramprit Singh Son of Rampal Singh, Resident of Gosaibigha, P.O.- Lakhawar, Police Station- Ghoshi, District- Jehanabad at present posted as Head Master at Upgraded Middle School, Satanpur. 26.

Faiz Akhtar Son of Kyam Akhtar Resident of Mohalla- Kutbanchak, Post Office and Police Station and District- Jehanabad at present posted as Head Master at Upgraded Middle School, Korma, Ghoshi. 27.

Rajendra Kumar Son of Mundrika Singh, Resident of Mohalla- Maurya Nagar, 41 Kako Rad, Post Office and Police Station and District- Jehanabad,

3/6 at present posted as Head Master.

28.

Shashi Ranjan Kumar Son of Ramanugrah Narayan Resident of MohallaMakhdumabad, Malahchak More, Jehanabad at present posted as Banshi Kalyanpur Upgraded Middle School, Thana Bigha. 29.

Sanat Kumar Son of Surendra Prasad Sinha, Resident of Mohalla- Shanti Nagar, Post- Jehanabad, District- Jehanabad at present posted as Head Master, Upgraded Middle School, Kurthadih, Makhdumpur. 30.

Arun Kumar Son of Yaduvansh Narayan Resident of Shanti Kunj, Gandhi Nagar, Post and Police Station and District- Jehanabad at present posted as Sikaria Kanya Middle School, Sikariya.

31.

Sahendra Kumar Son of Sukhlal Mahto Resident of Village- Pirodha Math, P.O. Modanganj, P.S.- Ghoshi, District- Jehanabad, at present posted as Head Master at Upgraded Middle School, Daharpur, Modanganj. 32.

Pramod Kumar Sinha S/o Rajendra Prasad Singh, Resident of VillageDhamapur (Nurpur), Post Office- Bandhuganj, Police Station- Ghoshi, District- Jehanabad (Bihar) at present posted as Head Master, Upgraded Middle School, Dhamapur, Modanganj.

33.

Saguni Singh Son of Ram Briksh Singh Resident of Mohalla- Bhagirath Bigha, near Tube Well, Raja Bazar, Post and Police Station and DistrictJehanabad at present posted as Head Master at Upgraded Middle School, Bairam, Sarai (Ghoshi).

34.

Shailendra Kumar Son of Tilakdhari Prasad Resident of Mohalla- Malah Chak, West of V.T. High School Post and P.S. and District- Jehanabad at present posted as Head Master, Upgraded Middle School, Chandaura, Kako. 35.

Sudhanshu Prasad Son of Rameshwar Prasad, Resident of Mohalla- Shyam Nagar, Post and P.S. and District- Jehanabad at present posted as Head Master, Upgraded Middle School, Nisharpura, Makhdumpur. 36.

Arun Kumar Son of Lakshman Prasad, Resident of Mohalla- Thakurbari, Post and P.S. and District- Jehanabad, at present posted as Head Master, Upgraded Middle School, Deokuli, Makhdumpur.

37.

Rajesh Kumar Son of Sukhdeo Das, Resident of Village- Ranipur, Post Office Tej Bigha, Police Station- Kako, District- Jehanabad, at present posted as Head Master, Upgraded Middle School, Chhoti Berthu. 38.

Jitendra Kumar Singh Son of Late Prasidh Narayan Singh Resident of Village- Tihari Bigha, Post Office- Skary Chouki, Police Station and District- Arwal, at present posted as Head Master at Upgraded Middle School, Bhimpra, Makhdumpur.

39.

Fulchand Kumar Rakesh Son of Late Ram Sewak Mistry Resident of Mangal Lok Pratha, Campus, near- Veterinary Hospital, Jehanabad, Mohalla- Lok Nagar, Post and District- Jehanabad, at present posted as Head Master, at Upgraded Middle School, Dayali Bigha, Modanganj. 40.

Shahid Ekbal Son of Md. Muslim Resident of Village- Kandar, PostSagarpur, Police Station- Makhdumpur, Jehanabad, at present posted as Head Master, Upgraded Middle School, Govindpur, Modanganj. 41.

Rajesh Kumar Son of Late Surendra Kumar Sinha, Resident of MohallaVishunganj, Post- Jehanabad, Police Station- Jehanabad, at present posted as

4/6 Upgraded Middle School, Kalanaur, Makhdumpur. 42.

Upendra Kumar Son of Ruda Pandi, Resident of Village- Gajipur, PostModanganj, Block- Modanganj, District- Jehanabad, at present posted as Head Master, at Upgraded Middle School, Chitori, Makhdumpur. 43.

Shiv Ratan Prasad Son of Indradeo Prasad Resident of Mohalla- Raja Bazar, (Kabristan Road), Post and Police Station and District- Jehanabad at present posted as Head Master, at Upgraded Middle School, Jaitiya, Makhdumpur. 44.

Dinesh Prasad Son of Bindi Singh, Resident of Mohalla- At Mendir Gandhi Nagar, Post and Police Station and District- Jehanabad at present posted as Head Master, at Upgraded Middle School, Maniyaari (Kako). 45.

Rajnish Kumar Son of Shiv Pujan Sinha, Resident of Village and PostKhijar Sarai, District- Gaya, at present posted as Head Master, Upgraded Middle School, Kokarsa, Hulasganj.

46.

Satyendra Prasad Singh Son of Prasadi Singh, Resident of VillageBhagwanpur, Police Station- Hulasganj, District- Jehanabad, at present posted as Upgraded Middle School Nirmani Math. 47.

Raj Kumar Rajak Son of Dilvansh Rajak Resident of Hind Nagar, IOC Road, Sipara, P.O.- Dhelwa, P.S. Beur at present posted Head Master at Upgraded Middle School, Dabthu, Hulasganj, Jehanabad. 48.

Jalaluddin Ansari Son of Md. Gulam Rajul Resident of VillagePanchkeshar, Post Office- Panchkesar, Teri, Arwal, at present posted as Head Master at Kanya Urdu Upgraded Middle School Amathua (Kako), 49.

Md. Shahid Raza Son of Md. Sharif Resident of Mohalla- Gandhi Nagar, Post and Police Station and District- Jehanabad, at present posted as Trained Graduate Teacher, at Upgraded Middle School, Bhithya, Jehanabad. 50.

Vinay Kumar Son of Lashaman Prasad Resident of Village- Dhibrapur, River Side, Post and Dist- Jehanabad at present posted as Head Master, Upgraded Middle School, Sahbazpur, Jehanabad. ... ... Appellant/s

Versus

1.

The State of Bihar through the Addl. Chief Secretary, Department of Education, Government of Bihar, Patna.

2.

The Secretary (Expenditure), Finance Department, Bihar, Patna. 3.

The Deputy Commissioner, Finance Department, Government of Bihar, Patna.

4.

The Director (Primary Education), Education Department, Bihar, Patna. 5.

The District Education Officer, Jehanabad.

6.

The District Programme Officer, (Establishment), Jehanabad. 7.

The District Account Officer, Jehanabad.

8.

The District Treasury Officer, Jehanabad.

9.

The Accountant General, Bihar, Birchand Patel Path, Patna. 10.

Mahendra Prasad Son of Balkeshwar Prasad, Resident of Mohalla -Maurya

5/6 Nagar, Post Office and Police Station and District- Jehanabad at present posted as Head Master at Upgraded Middle School, Chagori, Ratni Faridpur, 11.

Sunil Kumar Son of Chaneshwar Prasad, Resident of Village- Malawan, P.O.- Yogipur, P.S.- Hilsa, District- Nalanda, at present posted as Head Master, at Upgraded Middle School, Golakpkhpur, Kako, Jehanabad. 12.

Md. Aquil Ahmad Son of Md. Abdul Sattar, Resident of Village- Malkana, Police Station- Masaurhi, District- Patna at present posted as Head Master, at Upgraded Middle School, Imaliyachak, Kako, (Jehanabad). 13.

Ghulam Mohammad Ghaus Son of Ghulam Md. Sadique, Resident of Gareriya Khand, Post Office and Police Station and District- Jehanabad, at present posted as Upgraded Middle School, Ganankura, Ratni Faridpur. 14.

Kr. Binod Narayan Singh Son of Gauri Shankar Singh, Resident of North of Kumar Press, Shantinagar, Jehanabad at present posted as Head Master, at Upgraded Middle School, Kishrampur, Modanganj, Jehanabad. 15.

Brajesh Prasad Son of Basudeo Prasad, Resident of Village- Pattak Bigha, Police Station- Hulasganj, Nehanabad at present posted as Head Master, at Upgraded Middle School, Akopur, Makhdumpur.

16.

Ajit Kumar Son of Rajballabh Singh, Resident of Kusra Mathiya Kusre, Post Office and Police Station and District- Arwal. at present posted as Head Master at Upgraded Middle School, Saren, Makhdumpur. 17.

Gita Gupta W/o Surendra Saw, Resident of Mohalla- Malahchak, P.O. and P.S. and District- Jehanabad at present posted as Head Master at Upgraded Middle School, Korauna, Jehanabad.

18.

Ram Pravesh Prasad Son of Rameshwar Prasad, Resident of Village and Post- Nawabganj, Makhdumpur, Jehanabad.

19.

Dinesh Kumar Son of Kamta Prasad Resident of Mohalla- Shyam Nagar, Post and Police Station- Jehanabad, at present posted as Head Master, at Upgraded Middle School, Kanchanawan, Makhdumpur. 20.

Vinay Kumar Krishna Son of Shiboo Singh, Resident of Nawabganj, Makhdumpur at present posted as HM at Upgraded Middle School, Jamuk (Jehanabad).

21.

Khurshid Alam Son of Late Mahmodd Alam, Resident of Alam House, Madarsa Gali, near Idgah Masjid, Erki, At and P.O. Jehanabad at present posted as Head Master at Upgraded Middle School, Kumardih. 22.

Kapil Prasad Son of Shri Sukhdeo Prasad, Resident of Village and PostAllahganj, Police Station- Patalganga, District- Jehanabad, at present posted as Head Master at Upgraded Middle School, Rustampur, Hulasganj. 23.

Dhananjay Kumar Son of Late Satyawan Prasad Singh, Resident of VillageKemdarchak, Post- Manikpur, Police Station- Kurtha, District- Arwal, at present posted as Head Master, Upgraded Middle School, Alampur, 24.

Dayanand Das Son of Ravi Bhushan Ram, Resident of Village and PostRajepur, District- Arwal, at present posted as Head Master, Upgraded Middle School, Larsa, Jehanabad.

25.

Sarita Kumari W/o Shashi Ranjan Resident of Shyam Nagar, Aerodram, Post

6/6 and Police Station and District- Jehanabad, at present posted as Head Master, at Upgraded Middle School, Damuha, Kako. 26.

Anil Kumar Mishra Son of Damodar Mishra Resident of Village- Solhanda, Police Station- Makhdumpur, District- Jehanabad, at present posted as Head Master, Upgraded Middle School, Solhanda, Makhdumpur. 27.

Arjun Prasad Sharma Son of Madheshwar Prasad Sharma, Resident of Village- Parasurampur, Post Office- Khavaini Arwal, Jehanabad at present posted as Head Master at Upgraded Middle School, Sikariya, Jehanabad. 28.

Sachidanand Gautam Son of Ramashish Sharma, Resident of VillageDeoghara, Post Office- Dhangawan, Police Station- Kako, Jehanabad at present posted as Trained Graduate Teacher at Upgraded Middle School, Deoghara, Kako.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Binod Kumar, Advocate For the Respondent/s :

Smt. Shilpa Singh, GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 30-06-2025 Learned counsels for the respective parties submitted that the present L.P.A. can be disposed of in terms of order dated 24.06.2025 passed in L.P.A. No. 624 of 2022.

2. Accordingly, the present L.P.A. No. 680 of 2022 stands disposed of in terms of the aforementioned decisions. (P. B. Bajanthri, J) ( S. B. Pd. Singh, J) manish/- U