Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15717 of 2023 ====================================================== 1.
Chandan Kumar Son of Jitendra Narayan Singh Resident of VillagePadumker, Police Station- Patadi, District- East Champaran at Motihari. 2.
Sanjeev Kumar Ram, Son of Asharfi Ram Resident of Village- Mahuli, Police Station- Rosda, District- Samastipur.
3.
Simpi Kumari, Wife of Anandi Singh Resident of Village- Bihat, Police Station- Barauni, District- Begusarai.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.
The Principal Secretary, Department of Education, Government of Bihar, Patna.
3.
The Special Director, Department of Education, Government of Bihar, Patna.
4.
The Joint Secretary, Department of Education, Government of Bihar, Patna. 5.
The District Programme Officer Establish, East Champaran at Motihari. 6.
The District Programme Officer Establish, Samastipur. 7.
The District Programme Officer Establish, Begusarai. 8.
The Chairman, Bihar Sanskrit Siksha Board, Patna. 9.
The Secretary, Bihar Sanskrit Siksha Board, Patna. 10.
The Headmaster, Ayodhaya Shivnarayan Sanskrit High School, Bhitdharwa Math, P.S.- Patahi, District- East Champaran. 11.
The Secretary, Ayodhaya Shivnarayan Sanskrit High School, Bhitdharwa Math, P.S.- Patahi, District- East Champaran. 12.
The Headmaster, Bharti Bhawan Sanskrit High School, P.S.- Rosda, DistrictSamastipur. 13.
The Secretary, Bharti Bhawan Sanakrit High School, P.S.- Rosda, DistrictSamastipur 14.
The Headmaster, Shri Harigangatantar Lata Primary Cum Secondary Sanskrit School, Simariya, District-Begusarai. 15.
The Secretary, Shri Harigangatantar Lata Primary Cum Secondary Sanskrit School, Simariya, District-Begusarai.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyam Bihari Singh, Advocate For the Respondent/s :
Mr. Kameshwar Kumar, GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Patna High Court CWJC No.15717 of 2023(2) dt.22-03-2024 2/3 22-03-2024 Heard learned counsel for the parties.
2. Learned counsel for the petitioners submits that the issued raised in the present writ application is squarely covered by the decision of this Court in C.W.J.C. No.985 of 2015 dated 27.03.2019.
3. This petitioners have also been deprived of the benefits to which he was entitled by the impugned resolution dated 31st of August, 2013 which had already been quashed to the extent as indicated in the judgment dated 27.03.2019 passed in C.W.J.C. No.985 of 2015 by a Division Bench of this Court. Therefore, the petitioner is also entitled to the same benefits on the same terms.
4. In that view of the matter, this writ petition is disposed of with a direction to the petitioners to file a fresh representation before the respondent nos.5, 6 and 7 along with a copy of this order and the judgment dated 27.03.2019 passed in C.W.J.C. No.985 of 2015 and the respondent nos.5, 6 and 7 are well advised to consider the case of the petitioner and grant the same benefits including the arrears within a period of three months from the date of filing of such representation.
5. It goes without saying that respondent nos.5, 6 and 7 shall be responsible for non-compliance of this order within the
Patna High Court CWJC No.15717 of 2023(2) dt.22-03-2024 3/3 stipulated period.
6. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioners.
(Anjani Kumar Sharan, J) Trivedi/- U T