Nalini Kant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17239 of 2023 ====================================================== 1.

Nalini Kant Son of Sri Shardanand Pathak, Resident of village - Dabthu, P.O. - Gangapur, P.S. - Hulassganj, District - Jehanabad, Presently posted as Headmaster in Pachrang Baba Sanskrit Primary cum Middle School, Lacchu Bigha, Nalanda.

Ashok Kumar, Son of Sri Baliram Singh, Resident of Road No. 4, Rajeev Nagar, P.O. - Digha, P.S. - Rajeev Nagar, Town and District - Patna, Presently posted as an Assistant Teacher in Pachrang Baba Sanskrit Primary cum Middle School, Lacchu Bigha, Nalanda.

Pramod Kumar, Son of Sri Dwarika Prasad, Resident of Village - Lacchu Bigha, P.O. - Mahanandpur, P.S. - Nagarnausa, District - Nalanda, Presently posted as an Assistant Teacher in Pachrang Baba Sanskrit Primary cum Middle School, Lacchu Bigha, Nalanda.

Mithilesh Kumar, Son of Anirudh Upadhyay, Resident of Village - Chaurasi, P.O. and P.S. - Karay Parsuray, District - Nalanda, Presently posted as an Assistant Teacher in Pachrang Baba Sanskrit Primary cum Middle School, Lacchu Bigha, Nalanda.

Divya Bharti, Wife of Sri Binod Kumar, Resident of Village - BaldhaNaya Bigha, P.O. - Mahanandpur, P.S. - Nagarnausa, District - Nalanda, Presently posted as Headmaster in S.D. Sanskrit Middle School, Baldha, Nalanda. 6.

Prem Shankar, Son of Sri Kamla Prasad, Resident of Village - Painal, P.O. and P.S. - Painal, District - Patna, Presently posted as an Assistant Teacher in S.D. Sanskrit Middle School, Baldha, Nalanda. 7.

Asha Kumari, Wife of Sri Pinku Kumar, Resident of Village - Hanumangarh Kharjama, P.O. and P.S. - Chandi, District - Nalanda, Presently posted as an Assistant Teacher in Primary Sanskrit Bal Vidyalaya, Bhagwanpur, Nalanda. 8.

Malti, Wife of Sri Arun Kumar, Resident of Village - Sartha, P.O. - Sartha, P.S. - Sarthua, District - Nalanda, Presently posted as Headmaster in Primary Sanskrit Bal Vidyalaya, Bhagwanpur, Nalanda.

9.

Kumari Punam Sinha, Wife of Sri Nagendra Prasad, Resident of Village - Chandi Dih, P.O. and P.S. - Chandi, District - Nalanda, Presently posted as an Assistant Teacher in Sanskrit Primary Vidyalaya, Yarpur Balwa, Nalanda. 10.

Punam Kumari, Wife of Sri Sanjiv Kumar, Resident of Akbarpur, P.O. - Arpa, P.S. and District - Nalanda, Presently posted as an Assistant Teacher in Jagdamba Sanskrit High School, Akbarpur, Nalanda. 11.

Priti Kumari, Wife of Sri Pankaj Kumar Upadhyay, Resident of Upadhyay Tola, Rajgir, P.O. and P.S. - Rajgir, District- Nalanda, Presently posted as an Assistant Teacher in Awadh Sanskrit School, Rajgir, Nalanda. 12.

Kalyani Kumari, Wife of Sri Krishna Kumar, Resident of Village and P.O. - Kamta P.S. and District - Sheikhpura, Presently posted as an Assistant Teacher in Primary cum Middle Sanskrit School, Mandi, Nalanda. 13.

Ajay Kumar Nayak, Son of Sri Ramdev Paswan, Resident of Village and P.O. - Mandi, P.S. - Ben, District - Nalanda, Presently posted as an Assistant Teacher in Primary cum Middle Sanskrit School, Mandi, Nalanda.

Patna High Court CWJC No.17239 of 2023(2) dt.08-04-2024 2/3 14.

Arvind Kumar Pandey, Son of Sri Girijanand Sharma, Resident of VTC Nerul, P.O. - Nerul, P.S. - Asthawan, District - Nalanda, Presently posted as Headmaster in Primary Sanskrit School, Nerul, Nalanda. 15.

Dimple Kumari, Wife of Sri Pawan Kumar, Resident of Miyan Bigha, P.O. - Kahuara, P.S. - Nardiganj, District - Nawada, Presently posted as an Assistant Teacher in Awadh Sanskrit School, Rajgir, Nalanda. 16.

Raj Shekhar, Son of Sri Krishna Chandra Mishra, Resident of North Patel Nagar, Badhai Tola, Islampur, P.O. and P.S. - Islampur, District - Nalanda, Presently as an Assistant Teacher in Vaidik Sahitya Sanskrit High School, Aatasarai, Islampur, Nalanda.

17.

Sanjeet Kumar Verma, Son of Sri Shiv Kumar Prasad, Resident of Ward No. 6, Kachhiawan, P.O. - Dariyapur, P.S. and District - Nalanda, Presently posted as an Assistant Teacher in Primary Sanskrit School, Dariyapur, Nalanda.

18.

Jay Prakash, Son of Sri Vijay Kumar, Resident of Village and P.O. - Jaytipur, P.S. - Telhara, District - Nalanda, Presently posted as an Assistant Teacher in Sanskrit Primary cum Middle School, Gondu Bigha, Nalanda. 19.

Amarjeet Kumar, Son of Sri Vinod Prasad, Resident of Khemnichak, Near Jangbahadur Market, P.S. - Ram Krishna Nagar, District - Patna, Presently posted as Clerk in Sri Jagdamba Sanskrit High School, Akbarpur, Nalanda. 20.

Vidya Sagar, Son of Jayanand Upadhyay, Resident of Village and P.O. - Pawa, P.S. - Silao, District - Nalanda, Presently posted as an Assistant Teacher in Maina Kumari Sanskrit Primary School, Chhatiyana, Harnaut, Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna. The District Education Officer, Nalanda.

The District Programme Officer (Establishment), Nalanda. Bihar Sanskrit Siksha Board, 17, Back, Harding Road, Patna through its Chairman.

6.

The Secretary, Bihar Sanskrit Siksha Board, 17, Back, Harding Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh For the Respondent/s :

Mr.Smt. Anuradha Singh (Sc21) For the BSSB :

Mr.Satyam Shivam Sundaram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-04-2024 Heard learned counsel for the petitioners and learned counsel for the respondents.

Patna High Court CWJC No.17239 of 2023(2) dt.08-04-2024 3/3 Learned counsel for the petitioners submits that the petitioners' case is squarely covered by the order passed by this Court in C.W.J.C. No.4517 of 2021 dated 25.04.2023. It is submitted that in view of the said order, the Education Department, Government of Bihar issued an order (Annexure-4) in favour of those petitioners and the case of the petitioners herein stand on similar footing.

Considering the aforesaid facts, the petitioners are directed to file a representation before the respondent no.3 enclosing order dated 25.04.2023 and order of State Government dated 19.09.2023 within a period of two weeks. The respondent no.3 is well advised to pass a reasoned and speaking order, in accordance with law, after affording an opportunity of hearing to the petitioners or their counsels, within a period of ten weeks from the date of receipt of representation of the petitioners. The consequential benefits, to which the petitioners are found entitled shall be granted to them. With the aforesaid directions, this writ application is hereby disposed of.

(Anjani Kumar Sharan, J) pallavi/- U