Patna High CourtCWJC/16559/2023disposed

Vijay Rawat v. The State Of Bihar

2024-04-20Mr. Justice Anjani Kumar Sharan5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16488 of 2023 Liladhar Kumar Son of Late Bishnudeo Yadav, Resident of Mohalla - Purani Bazar (Purvi Tola) Barnwal Dharmshala, Police Station - Jhajha, District - Jamui. At present posted and working as Headmaster in Govt. Upgraded Middle School Shivmandir Baliyadih, Block- Jhajha, District-Jamui. Arvind Kumar Son of Shri Genda Prasad, Resident of Village and Police Station - Sikandra, District - Jamui. At present posted and working as Headmaster in Govt. Upgraded Middle School Ghorikwa, Anchal-Jhajha, District - Jamui.

Shyam Sundar Chaudhary, Son of Late Munshi Chaudhary, Resident of Mohalla Awakash Colony, Police Station - Jhajha, District Jamui. At present posted and working as Headmaster in Govt. Upgraded Middle School Pipara, Block-Jhajha, District-Jamui. Kedar Prasad Singh Son of Late Kamleshwari Mandal, Resident of Village - Laxmipur, Ward No. 11, Police Station - Haveli Kharagpur, District - Jamui. Retired while working as an Assistant Teacher from Govt. Middle School Shair, Block- Jhajha, District - Jamui.

... ... Petitioner/s

Versus

The Additional Chief Secretary -cum- the Principal Secretary, Education DeThe Director, Primary Education, Education Department, Government of BiThe District Magistrate, Jamui. The Regional Deputy Director of Education, Munger Division, Munger. The District Education Officer, Jamui.

The District Education Officer-cum- the Chairman of District Teachers Promotion Committee, Jamui. The District Programme Officer (Establishment), Jamui. The District Programme Officer, (Establishment)-cum- the Member Secretary of District Teachers Promotion Committee, Jamui. with Civil Writ Jurisdiction Case No. 16559 of 2023 Vijay Rawat Son of Late Shivnandan Rawat Resident of Village - Sohjana, Near Sarswati Mandir, Jhajha, Police Station - Jhajha, District - Jamui. At present posted and working as an Assistant Teacher in Govt. Middle School

2/5 Shair, Block-Jhajha, District- Jamui.

Ganesh Prasad Son of Ishwari Prasad Resident of Mohalla - Purani Bazar, Police Station-Jhajha, District - Jamui. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Chitochak, Anchal - Jhajha, District - Jamui.

Shambhu Anand Son of Late Hazari Ram Resident of Village - Dilawarpur, Near- Bam Police, Police Station - Munger Kotwali, District - Munger. At present posted and working as an Assistant Teacher in Govt. Middle School Dhamna, Block-Jhajha, District-Jamui.

Kusum Kumari Wife of Om Prakash Paswan Resident of Mohalla - Ward No. 7, Helajot Paswan Tola, Police Station - Jhajha, District - Jamui. At present posted and working as an Assistant Teacher in Govt Middle School Charghara, Block-Jhajha, District-Jamui.

... ... Petitioner/s

Versus

The Additional Chief Secretary-cum-the Principal Secretary Education DeThe Director Primary Education, Education Department, Government of BiThe District Magistrate Jamui. The Regional Deputy Director of Education Munger Division, Munger. The District Education Officer, Jamui.

The District Education Officer-cum-the Chairman of District Teachers Promotion Committee, Jamui. The District Programme Officer (Establishment), Jamui The District Programme Officer (Establishment)-cum-the Member Secretary of District Teachers Promotion Committee, Jamui. with Civil Writ Jurisdiction Case No. 17724 of 2023 Rajesh Kumar Son of Late Nandlal Sah, Resident of Mohalla-Anandi Ganj Bazar, Purendra, Police Station-Palanwa, District-East Champaran at Motihari. At present posted and working as Headmaster in Govt. Upgraded Middle School Purendra Mauze, Block-Raxaul, District-East Champaran at Motihari. ... ... Petitioner/s

Versus

3/5 The Additional Chief Secretary-cum-the Principal Secretary, Education DeThe Director, Primary Education, Education Department, Government of BiThe District Magistrate, East Champaran at Motihari. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. The District Education Officer, East Champaran at Motihari. The District Education Officer-cum-the Chairman of District Teachers Promotion Committee, East Champaran at Motihari. The District Programme Officer (Establishment), East Champaran at Motihari. The District Programme Officer (Establishment)-cum-the Member Secretary of District Teachers Promotion Committee, East Champaran at Motihari. Appearance :

(In Civil Writ Jurisdiction Case No. 16488 of 2023) For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Kameshwar Kumar (Gp17) (In Civil Writ Jurisdiction Case No. 16559 of 2023) For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Madan Jeet Kumar ( Gp 20 ) (In Civil Writ Jurisdiction Case No. 17724 of 2023) For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Jitendra Kumar Roy 1 ( Sc 13 ) CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 20-04-2024 Heard learned counsel for the petitioners and learned counsel for the respondents.

Learned counsel for the petitioners submit that the case of the petitioners is fully covered by the judgment passed by Full Bench of this Court in C.W.J.C. No.11255 of 2016 and analogous cases (Ramashankar Patel & Ors. vs. State of Bihar & Ors).

4/5 Considering the aforesaid facts, since the case of the petitioners stand on similar footings to that of the petitioners of C.W.J.C. No.11255 of 2016, there is no requirement to keep pending the present writ applications.

Accordingly, petitioners are directed to file a detailed representation along with a copy of the order passed in C.W.J.C. No.11255 of 2016, before the respondent no.7, within a period of two weeks and the respondent no.7 is well advised to consider the case of the petitioners and dispose of the representation of the petitioners after affording an opportunity of personal hearing or through their counsel and pass a reasoned and speaking order in accordance with law and in light of the order passed in C.W.J.C. No.11255 of 2016 within eight weeks from the date of filing of such representation by the petitioners.

If the respondent authorities came to a finding that the case of the petitioners is on similar footings to that of the petitioners of C.W.J.C. No.11255 of 2016, then similar benefits shall be given to the present petitioners.

It is made clear that respondent no.7 shall be personally held responsible for non-compliance of this order. It is also made clear that this Court has not expressed

5/5 any opinion with regard to the merits of the claim of the petitioners. With the aforesaid directions, this writ application stands disposed of.

(Anjani Kumar Sharan, J) shikha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.04.2024 Transmission Date NA