Shankar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4061 of 2018 In Civil Writ Jurisdiction Case No.6188 of 2017 1.

Shankar Singh Son of Sri Virendra Singh, Resident of Village- P.O.- Hematpur, P.S.- Town Thana, Ara, District- Bhojpur. 2.

Pradeep Kumar, Son of Late Shyamdeo Narayan Lal, Resident of Village and P.O. Tatari, Bhojpur, P.S.- Tatari, District- Bhojpur. 3.

Amarjeet Kumar, Son of Sri Kanhaiya Singh, Resident of Village- Kesath, P.S.- Kesath, District- Buxar.

4.

Pratima Srivastava, D/o Late Shivjee Prasad, Resident of Vilage P.O. C.K. Road, Ara, P.S.- Ara Town Thana, District Ara at Bhojpur. 5.

Dileep Kumar, S/o Late Shivjee Prasad, Resident of Village P.O.- C.K. Road, Ara, P.S. Ara Town Thana, District Ara at Bhojpur. 6.

Chandan Kumar Singh, Son of Sri Baban Singh, Resident of Village and P.O.- Kesath, P.S.- Kesath, District- Buxar.

7.

Rakesh Roushan, Son of Late Tapeshwar Prasad Singh, Resident of Village and P.O.- Neharu Nagar, Ara, P.S.- Ara Town Thana, District- Ara at Bhojpur.

8.

Pawan Kumar, Son of Rama Shankar Singh, Resident of Village and P.O. Neharu Nagar, Ara, P.S.- Ara Town Thana, District Ara at Bhojpur. 9.

Shashi Ranjan Kumar, Son of Sri Surendra Prasad Singh, Resident of Village- Khutaha Tahari, P.S.- Ematpur, District- Ara at Bhojpur. 10.

Anupama Kumari D/o Sri Arbind Kumar Sinha, Resident of Village and P.O. Tirojpur Karisath, P.S.- Udwant Nagar, District- Ara at Bhojpur. 11.

Anup Kumar, Son of Sri Rajendra Prasad Singh, Resident of Village and P.O.- Dusadhi Badhar, Piro, P.S.- Piro, District- Ara at Bhojpur. 12.

Ramji Singh, Son of Sri Tilam Singh, Resident of Village and P.O.- Dusadhi Badhar, Piro, P.S.- Piro, District- Ara at Bhojpur. 13.

Manoj Kumar, Son of Sri Barmeshwar Prasad, Resident of Village and P.O.- Birampur Koilwar, P.S.- Koilwar, District- Ara at Bhojpur. 14.

Gautam Sinha Son of Sri Nath Lal Rseident of Village and P.O.- Baghaur, Narayanpur, P.S.- Piro, District Ara at Bhojpur. 15.

Jitendra Kumar Son of Sri Sukhnandan Singh, Resident of Village and P.O.- Pakari, Ara, P.S. Nawada, District Ara at Bhojpur. 16.

Akhilesh Kumar Son of Sri Shobhlayak Singh, resident of Village and P.O.- Pakari, Ara, P.S.- Nawada, District- Ara at Bhojpur. 17.

Abha Kumari D/o Dr. Shivjee Prasad, Resident of Village and P.O.- Choudhiriyama, Nala Road, P.S.- Town Thana Ara, District- Ara at Bhojpur. 18.

Surendra Kumar, Son of Sri Gouri Shankar Prasad Resident of Village Dawa Jagdishpur, P.S.- Jagdishpur, District Ara at Bhojpur. 19.

Sunita Kumari, D/o Sri Gajadhar Lal, resident of Vilage and P.O. Manikpur Chandi Gadhhani, P.S.- Garhani, District- Ara at Bhojpur.

2/4 20.

Anju Kumari D/o Sri Ishwar Dayal Singh, Resident of Village and P.O.- Munshi Tola Dhawa, Jagdishpur, P.S.- Jagdishpur, District- Ara at Bhojpur. 21.

Ashutosh Kumar, Son of Sri Kameshwar Prasad, resident of Village and P.O.- Birampur Koilwar, P.S.- Koilwar, District- Ara at Bhojpur. 22.

Anish Kumar, Son of Sri Chhotan Lal, Resident of Village and P.O.- Birampur, Koilwar, P.S.- Koilwar, District- Ara at Bhojpur. 23.

Nitu Srivastava, D/o Sri Bhuwneshwar Prasad Srivastava, Resident of Village and P.O.- Dunraon, P.S.- Dumraon, District- Ara at Bhojpur. 24.

Renu Kumari, D/o Sri Vishwanath Singh, Resident of Village and P.O.- Karisath Udwant Nagar, P.S.- Udwant Nagar, District Ara at Bhojpur. 25.

Divesh Kumar Son of Late Virendra Pandey, Resident of Village Madhubani, P.O.- Bani, P.S.. Dhansoi, District- Buxar. 26.

Samir Kumar Pandey, Son of Sri Vidyabhushan Pandey, Resident of Village and P.O.- Churamanpur, P.S.- Buxar, District- Buxar. 27.

Dhirendra Kumar Ojha Son of Sri Dina Nath Ojha, Resident of Village and P.O.- Kharha Tand Simari, P.S.- Simari, District- Buxar. 28.

Kamlesh Kumar Sinha Son of Sri Vishwanath Prasad, Resident of Village and P.O.- Dayal Chapra Charpokhari, P.S.- Charpokhari, District- Ara at Bhojpur.

29.

Sanjay Kumar Singh, Son of Sri Shaligram Singh, resident of Village and P.O.- Suryapura Bikramganj, P.S.- Bikramganj, District- Rohtas. 30.

Ravi Singh Son of Sri Krishna Singh, Resident of Village and P.O.- Bahiro, Ara, P.S. Nawada, District- Ara at Bhojpur.

31.

Anita Kumari D/o Arun Kumar, Resident of Village and P.O.- CharpokhariP.S.- Charpokhari, District Ara at Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar and Ors through R.K. Mahajan, The Principal Secretary, Department of Education, Government of Bihar, Patna. 2.

Arvind Kumar Verma, The Director Primary Education Department, Government of Bihar, Patna.

3.

Kumar Sahjanand, The Regional Deputy Director of Education Patna Division, Patna.

4.

Sanjeev Kumar, The District Magistrate, Bhojpur at Ara. 5.

Om Prakash, The Distirct Education Officer, Bhojpur at Ara. 6.

Om Prakash, The District Programme Officer (Establishment), Bhojpur at Ara.

7.

Yogendra Kumar, The Block Education Officer, Agiaon, Bhojpur at Ara. 8.

Kalawati Devi, The Block Development Officer, Agiaon, District- Bhojpur at Ara.

... ... Opposite Party/s

3/4 Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Sharma, Advertise For the Opposite Party/s :

Mr.

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-07-2023 Heard the parties.

The MJC No.4061 of 2018 was filed for compliance of order dated 22.12.2017 in CWJC No.6188 of 2017 by which the District Education Officer, Bhojpur at Ara was directed to check the records of the petitioners and pass an order on their representation.

A show-cause has been filed on behalf of the opposite party no.5, the District Education Officer, Bhojpur at Ara in 2019 itself after serving copy of the petitioner and as per Annexure-B vide memo no.5324 dated 31.12.2019, their claim for payment of salary was rejected vide a reasoned order. Learned counsel for the petitioners submit that he wanted to bring on record the memo no.3633 dated 03.09.2018 by way of supplementary affidavit as also wanted to file rejoinder to the show-cause but due to Covid-19 the same could not be done.

The orders are of 2018 and 2019, the show-cause was filed in 2019 after serving copy upon the petitioners. Enough time was there to file a reply and/or the supplementary affidavit. The Covid-19 period came to an end is

4/4 early 2022. We are in July, 2023.

An order has been passed. The petitioners have liberty to challenge the same, if they so want.

The contempt petition stands disposed of.

(Rajiv Roy, J) Prakash Narayan /- U