Anirudh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16136 of 2023 ====================================================== 1.

Anirudh Kumar Mishra Son of Late Kameshwar Nath Mishra Jitendra, Resident of Village- Pachrukhiya, Police Station- Piro, District- Bhojpur. 2.

Satendra Kumar Pathak, Son of Tirth Raj Pathak, Resident of VillageDhrudihan, Police Station- Charpokhari, District- Bhojpur. 3.

Ravi Shankar Mishra, Son of Ajay Kumar Mishra, Resident of VillagePachrukhiya, Police Station- Piro, District- Bhojpur. 4.

Shri Gidik Thakur, Sonof Shri Bhag Thakur, Resident of VillageSukharauli, Police Station- Piro, District- Bhojpur. 5.

Sonu Kumar, Son of Late Ramakant Singh, Resident of Village- Narayanpur, Police Station- Narayanpur, District- Bhojpur. 6.

Brendra Kumar Upadhyay, Son of Kapil Dev Sharma, Resident of VillageBaisadih, Police Station- Piro, District- Bhojpur. 7.

Prabha Devi, W/o vagish Mishra, Resident of Village- Chenari, Police Station- Chenari, District- Rohtas (Sasaram). 8.

Usha Devi, W/o Shashi Bhushan Mishra, Resident of Village- Guru Govind Singh Path New Road, Chauk Patna City, Police Station- Chauk Patna, District- Patna.

9.

Nibhay Kumar, Son of Kapil Dev Sharma, Resident of Village- Ark Dhivariya, Police Station- Tekari, District- Gaya. ... ... Petitioners.

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, Pachrukhiya, Bhojpur. 6.

The District Programme Officer Establish, Patna. 7.

The Chairman, Bihar Sanskrit Siksha Board, Patna. 8.

The Secretary, Bihar Sanskrit Siksha Board, Patna. 9.

The Headmaster, Laxmi Narayan Sanskrit High School Vaisadih, Bhojpur. 10.

The Secretary, Laxmi Narayan Sanskrit High School Vaisadih, Bhojpur. 11.

The Secretary, Sidheshwri Sanskrit High School Pachrukhiya, Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyam Bihari Singh For the Respondent/s :

Mr.Jitendra Kumar Roy 1 ( Sc 13 ) ======================================================

Patna High Court CWJC No.16136 of 2023(2) dt.22-03-2024 2/3 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 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 they were 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 petitioners are 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 and 6 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 and 6 are well advised to consider the case of the petitioner sand 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 and 6 shall be

Patna High Court CWJC No.16136 of 2023(2) dt.22-03-2024 3/3 responsible for non-compliance of this order within the 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