Raj Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4333 of 2019 In Civil Writ Jurisdiction Case No.16183 of 2012 ====================================================== 1.

Raj Ranjan Son of Late Krishnadeo Prasad Resident of Village- Sikandarpur, Police Station - Sangrampur, District - East Champaran Motihari, At Present Posted And Working As An Assistant Teacher In Govt. Upgraded Middle School Gaira, Anchal Kotawa, District East Champaran Motihari. 2.

Upendra Kumar Singh Son of Late Hari Bansh Singh Resident of Village and P.O. Jasauli Patti, Police Station - Kotawa, District - East Champaran Motihari, At Present posted and working as an Assistant Teacher in Govt. Middle School Jasauli Patti Anchal Kotawa, District - East Champaran Mothari.

3.

Munna Kumar Son of Shri Gopal Baitha Resident Of Village Bangara, P.O. Jasauli Jamuniya, Police Station - Kotawa, Anchal Kotawa, District - East Champaran, At Present Posted And Working As An Assistant Teacher In Govt. Upgraded Middle School Bishunpur, Anchal Kotawa, District - East Champaran Motihari.

4.

Manoj Kumar Son of Sri Chandrika Prasad Resident of Village and P.O. Gamharia Kala, Via Adapur, Police Station - Adapur, District -East Champaran, At Present Posted And Working As An Assistant Teacher In Govt. Upgraded Middle School Balganda, Anchal Turkaulia, District - East Champaran Motihari.

5.

Sahdeo Ram Son of Late Ram Bilas Ram Resident of Village P.O. and Police Station - Chiraiya Gokhula, District East Champaran, At Present Posted And Working As An Assistant Teacher In Govt. Middle School Tikuliya, Anchal Chhauradano, District - East Champaran Motihari. 6.

Anupam Kumar Son of Shri Mahesh Ram Resident of Village and P.O. Karariya, Via Dariyapur, Police Station and Anchal Kotwa, District - East Champaran. At the time of filing of writ petition he was posted as an Assistant Teacher in Govt. Primary School, Ahiraulia Girls, Anchal Kotwa, District-East Champaran Motihari. At Present Posted And Working As An Assistant Teacher In Govt. Upgraded Middle School Ahiraulia, Anchal Kotwa, District - East Champaran Motihari.

... ... Petitioners.

Versus

1.

The State of Bihar.

2.

Mr. R.K. Mahajan, the Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

Mr. Ranjeet Kumar Singh, the Director, Primary Education, Government of Bihar, Patna.

4.

Mr. Raman Kumar, the District Magistrate East Champaran At Motihari. 5.

Mr. Akhilesh Kumar Singh, the Deputy Development Commissioner-CumChairman, District Education Establishment Committee, East Champaran at Motihari.

Patna High Court MJC No.4333 of 2019(10) dt.25-09-2023 2/3 6.

Mr. Lalit Narain Rajak, the District Education Officer, East Champaran At Motihari.

7.

Mr. Mithilesh Kumar Singh, the District Programme Officer Establishment, East Champaran At Motihari.

8.

Mr. Ram Sobhit, the Block Education Officer, Harsidhi, District - East Champaran.

9.

Smt. Anita Kumari, the Block Education Officer, Kotawa, District - East Champaran.

10.

Smt. Sobha Kumari, the Block Education Officer, Turkaulia, District - East Champaran.

11.

Smt. Kalpana Kumari, the Block Education Officer, Motihari Rural, Disltrict -East Champaran.

12.

Smt. Sudha Kumari, the Block Education Officer, Areraj, District - East Champaran.

13.

Mr. Ram Sobhit, the Block Education Officer, Keshariya, District - East Champaran.

14.

Mr. Mithilesh Kumari, the Block Education Officer, Chakiya, District - East Chmparan.

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioners :

Mr. Umesh Kumar Mishra, Advocate.

For the State :

Mr. Priyadarshi Matri Sharan AC to AAG-15.

For the Opp. Parties :

Mr. Naresh Dikshit, Advocate.

Ms. Kalpana, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 25-09-2023 Today, Mr. Sanjay Kumar, Joint Secretary, Education Department, Government of Bihar, Patna, is present. During the intervening period, Deputy Secretary post was vacant. Mr. Sanjay Kumar, Joint Secretary Education Department, Government of Bihar, Patna, submitted that the competent authority is the District Education Officer and not the Deputy Secretary. If it is so, why there is interference by the secretariat

Patna High Court MJC No.4333 of 2019(10) dt.25-09-2023 3/3 officials like the Deputy Secretary is not forthcoming. Today, show cause has been filed to the extent that the grievance of the petitioners has been redressed with reference to the order dated 14.09.2023, which is part and parcel of the show cause.

2. In the light of these facts and circumstances, the present M.J.C./Contempt Petition stands dropped.

3. Taking note of the delay of about 4 years in compliance of the order of this Court dated 18.07.2019 passed in C.W.J.C. No.5129 of 2009, the petitioners are entitled to litigation cost and it is quantified at Rs.20,000/-. Cost shall be paid to the petitioners within a period of four weeks from the date of receipt of this order.

(P. B. Bajanthri, J) (Arun Kumar Jha, J) P.S./-Manish U