Md. Moinuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17910 of 2022 ====================================================== 1.

Md. Moinuddin Son of Md. Suleman, Resident of Village- Baskurba, Ward No.11, Police Station - Samastipur, District- Samastipur. 2.

Sarita Kumari Daughter of Ram Janak Mahto, Resident of Village- Lagunia Raghukanth, Ward No.4, Police Station - Samastipur, District- Samastipur. 3.

Vibha Pathak Wife of Ashok Kumar Pathak, Resident of Village- Harpur Elauth, Ward No.5, Police Station - Samastipur, District- Samastipur. 4.

Kalpana Kumari Wife of Satyendra Prasad, Resident of Village- Harpur Elauth, Ward No.12, Police Station - Samastipur, District- Samastipur. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The District Magistrate, Samastipur.

4.

The District Education Officer, Samastipur.

5.

The District Programme Officer (Establishment), Samastipur. 6.

The Block Development Officer, Sarairajan.

7.

The Panchayat Teacher Employment Unit through its Chairman/Secretary Gram Panchayat Raj, Bishambharpur Elauth, Block Sarairajan, DistrictSamastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Jha, Adv.

For the Respondent/s :

Mr. Kameshwar Kumar ( Gp 17 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 06-01-2023

1. The petitioner was removed from service on 04.09.2013. The petitioners had preferred a writ petition no. 23356/2013 which was dismissed on 08.01.2015. L.P.A. against the said order was dismissed on 26.04.2016. Some other persons whose L.P.A. was dismissed on the same day approached the

Patna High Court CWJC No.17910 of 2022(2) dt.06-01-2023 2/2 Hon'ble Apex Court by preferring an S.L.P. and the same was decided on 04.04.2022 in their favour. The petitioner has preferred this writ petition claiming the same relief as granted by the Supreme Court in the case of other petitioners who had filed S.L.P. against the order of the Division Bench.

2. This Court finds that the order passed against the petitioner has been upheld by the Single Judge as well as by the Division Bench, whereafter the petitioner did not challenge the same before the Supreme Court and has accepted the verdict of this Court, merely because in some other cases the Supreme Court has passed an order giving them relief, the same relief cannot be extended to the petitioner whose case was dismissed by this Court and upheld by the Division Bench.

3. The writ petition is wholly frivolous and is accordingly dismissed.

4. No cost.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 57 U