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Patna High CourtCWJC/20058/2018dismissed

Chandan Kumar And ORS v. The State Of Bihar And ORS

2018-12-06Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20058 of 2018 ======================================================

1. Chandan Kumar, Son of Late Ram Lakhan Prasad Singh, Resident of Village + Post Office- Rampur, Police StationSuryagarha, District- Lakhisarai, presently posted as Assistant Teacher in Middle School, Barahia, District- Lakhisarai.

2. Shankar Kumar, Son of Late Gajadhar Singh, Resident of Village + Post Office- Mano, Police Station- Suryagarha, District- Lakhisarai, presently posted as Assistant Teacher in Middle School, Dumri, Block- Barahia, District- Lakhisarai.

3. Sanjay Kumar, Son of Late Ramdeo Singh, Resident of VillageJhinaura, Post Office- Mahisona, Police Station + DistrictLakhisarai.

4. Shailesh Kumar, Son of Late Dinesh Kumar Singh, Resident of Village + Post Office- Parsawan, Police Station- Ramgarh chowk, District- Lakhisarai, presently posted as Assistant teacher in Upgraded Middle School Ramgarh Chowk, BlockRamgarh Chowk, District- Lakhisarai.

5. Umesh Kumar, Son of Late Bateshwar Paswan, Resident of Village- Maheshpur, Post Office + Police Station- Piri Bazar, District- Lakhisarai.

6. Pankaj Kumar Paswan, Son of Late Medo Paswan, Resident of Village + Post office + Police Station- Darahara, DistrictMunge, presently posted as Assistant Teacher in Primary School, Damodar Pathla, Block + District- Lakhisarai.

7. Kundan Kumar, Son of Late Vinayak Prasad Singh, Resident of Village + Post Office- Amarpur, Police Station- Medhnichauki, District- Lakhisarai, presently posted as Assistant teacher in Upgraded Middle School, Kankar Salempur, Block- Suryagarha, District- Lakhisarai.

8. Pranav Kumar Parth, Son of Late Awadhesh Mehta, Resident of Village- Chhoti Lagmo, Post Office- Shivkund, Police StationDarahra, District- Munger, presently Posted as Assistant Teacher in Middle School, Mungraura NO. 2, Jamalpur, BlockJamaelpur, District- Munger.

9. Vinod Kumar Jha, Son of Late Krishnanandan Jha, Resident of Village- Indupur Bodhnagar, Ward No. 23, Police StationBarahia, District- Lakhisarai, presently posted as Assistant Teacher in Primary School Station Bazar Barahia, BlockBarahia, District- Lakhisarai.

10. Kishor Kumar, Son of Late Siya Raman Mandal, Resident of Village- Barichak, Post Office- Itwa, Police Station- Dharahra, District- Munger, presently posted as Assistant teacher in Primary School, Kajra, Block- Suryagarha, District- Lakhisarai. 11.Jitendra Kumar, Son of Late Lal Bihari Chaudhary, Resident of Village Sahmalpur, Post Office + Police Station- Kajra, DistrictLakhisarai, presently posted as Assistant Teacher in Primary School, Bishanpur, Kajra, Block- Suryagarha, DistrictLakhisarai.

12. Manoj Kumar, Son of Late Ganesh Das, Resident of VillageKhaira, Post Office- Lai, Police Station- Kajra, District-

Patna High Court CWJC No.20058 of 2018(2) dt.06-12-2018 2/3 Lakhisarai, presently posted as Assistant Teacher in Middle School, Tetarhat, Block- Ramgarh Chawk, District- Lakhisarai.

13. Manish Kumar, Son of Late Ram Charitra Singh, Resident of Village + Post office- Sahur, Police Station- Suryagarha, District- Lakhisarai, presently posted as Assistant Teacher in Upgraded Middle School Fadis, (Barahia) Block- Barahia, District- Lakhisarai.

14. Ajay Kumar Jha, Son of Late RaeemNandan Jha, Resident of Village + Post Office- Ram Chandrapur, Police Station- Piparia, District- Lakhisarai, presently posted as Assistant Teacher in Primary School, Bodhi Tola Barahia, Block- Barahia, DistrictLakhisarai. ... ... Petitioner/s

Versus

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

2. The Principal Secretary, Department of Education Government of Bihar, Patna.

3. The Principal Secretary, Department of Finance, Government of Bihar, Patna.

4. The Director, Primary Education, Government of Bihar, Patna.

5. The Regional Deputy Director of Education, Munger Division, Munger.

6. The District Education Officer, Lakhisarai.

7. The District Programme Officer (Establishment), Lakhisarai.

8. The Treasury Officer, Lakhisarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar For the Respondent/s :

Mr. Apurv Harsh, AC to Sc28 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-12-2018 Heard learned Counsel for the petitioners and the learned Counsel for the respondent State.

Counsel for the petitioners places reliance upon the judgments dated 11.4.2018 and 31.7.2018 passed in CWJC Nos. 7322 of 2017 and 13734 of 2012 respectively. He submits that the petitioners are admittedly similarly situated and are entitled to similar benefits by grant of trained scale. This Court would find that the petitioners have rushed

Patna High Court CWJC No.20058 of 2018(2) dt.06-12-2018 3/3 to this Court without ever approaching the authorities. The writ petition is, therefore, not maintainable as there is no occasion for this Court to presume that the respondent authorities would not consider the claim of the petitioners if they are similarly situated as the petitioners of CWJC Nos. 7322 of 2017 and 13734 of 2012.

The writ petition is dismissed.

(Madhuresh Prasad, J) SNkumar/- U