Ramesh Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25628 of 2019 ====================================================== 1.

Ramesh Kumar, Son of Parshuram Singh, Resident of Village-Usari, Post Office Dawath, Police Station-Dawath, District-Rohtas. 2.

Ramamani Singh @ Ramamuni Singh, Son of Jagu Singh, Resident of Village and Post and Police Station Dawath, District-Rohtas. 3.

Kapil Dev Ram, Son of Jhulan Ram, Resident of Village-Devdhi, Post Office-Chatra, P.S.-Dawath, District-Rohtas.

4.

Hardev Singh, Son of Nathuni Singh, Resident of Village-Domadihari, Post Office-Chatra, P.S.-Dawath, District-Rohtas.

5.

Nand Kumar Singh, Son of Meghraj Singh, Resident of Village-Chavriyan, Post Office-Imirta, P.S.-Surjpura, District-Rohtas. 6.

Prafull Kumar, Son of Jairam Singh, Resident of Village-Boddhahi Mathiya, Post Office-Dawath, P.S.-Dawath, District-Rohtas. 7.

Sangita Kumari, Wife of Uday Narayan Singh, Resident of VillageMirzapur, Post Office-Dawath, Police Station-Dawath, District-Rohtas. 8.

Dhan Babu Chaudhari, Son of Vakil Chaudhari, Resident of VillageShitalpur, Post Office-Agrer Kala, P.S.-Surjpura, District-Rohtas. 9.

Sangita Kumari @ Sangeeta Devi, Wife of Nand Ji Singh, Resident of Village-Shrikant Pur, Post Office and Police Station-Suryapura, DistrictRohtas. 10.

Jitendra Kumar Singh, Son of Ram Dayal Singh, Resident of VillageBodadhi Mathiya, Post Office and Police Station-Dawath, District-Rohtas. 11.

Teju Ram, Son of Late Manara-khan Ram, Resident of Village-Dawath, Post Office-Dawath, Police Station-Dawath, District-Rohtas. 12.

Pramila Kumari @ Pramila Devi, Wife of Sachitanand Upadhyay, Resident of Village-Bithni, Post Office Police Station-Dawath, District-Rohtas. 13.

Brajesh Kumar Singh, Son of Shri Sudarshan Singh, Resident of VillageMathiya, Post Office Police Station Dawath, District-Rohtas. 14.

Rajendra Prasad, Son of Chandra Dev Prasad, Resident of Village-Parasa, Post Office-Basti, Police Station-Dinara, District-Rohtas. 15.

Neelam Kumari, Wife of Krishna Murari Singh, Resident of Village-Parasa, P.S.-Dinara, District-Rohtas.

16.

Mithilesh Tiwari, Wife of Jatashankar Tiwari, Resident of VillageShivrajpur, Post Office and Police Station-Bhore, District-Gopalganj. 17.

Kumari Kiran, Wife of Kamlesh Thakur, Resident of Village-Jigna Dubey, Police Station-Bhore, District-Gopalganj.

18.

Hare Ram Yadav, Son of Dinanath Yadav, Resident of Village and Police Station-District-Gopalganj.

19.

Neelam Devi, Wife of Dhananjay Singh, Resident of Village Raghunathpur, Post Office and Police Station-Bhore, District-Gopalganj. 20.

Sunanda Singh, Wife of Arvind Kumar Singh, Resident of Village, Post Office and Police Station-Bhore, District-Gopalganj.

2/4 21.

Ramashish Singh, Son of Badri Singh, Resident of Village and Post OfficeKalyanpur, P.S.-Bhore, District-Gopalganj. 22.

DharmaWati Devi, Wife of Late Parasnath Kushvaha, Resident of Village Jagirdari Bhagava, Post Office Sisai, P.S.- Bhore, District Gopalganj. 23.

Asha Paswan, Wife of Ram Parvesh Manji, Resident of Village School Post Office Dhuma Narender, Police Station Bhole, District-Gopalganj. 24.

Brijbala Devi, Wife of Shailesh Kumar Tiwari, Resident of Village Kalyanpur Tola, Post Office Kalyanpur, P.S.-Bhore, District Gopalganj. 25.

Rishabh Kumar Sharma, Son of Nandlal Sharma, Resident of Village Noniya, Post Office Sisai, P.S.-Bhore, District Gopalganj. 26.

Santosh Kumar Pandit, Son of Rajendra Pandit, Resident of Village Rudalpur Tola Hirapakar, P.S.-Bhore, District Gopalganj. 27.

Nisha Devi @ Nisha Tiwari, Wife of Vijay Kant Tiwari, Resident of VillageSahadat Dawath, P.O. and P.S.-Dawath, District-Rohtas. 28.

Vijay Kant Tiwari, Son of Ramakant Tiwari, Resident of Village-Sahadat Dawath, P.O. and P.S.-Dawath, District-Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Commissioner cum Secretary, Department Human Resources Development, Government of Bihar.

3.

The District Magistrate, District-Rohtas.

4.

The District Magistrate, Gopalganj.

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

For the Petitioner/s :

Mr.Amresh Kr. Sinha Mr. Devanand Tiwari For the Respondent/s :

Mr.Samir Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-12-2019 The issue raised in the present writ application is no more res integra.

This Court has occasion to decide the similar issue in C.W.J.C. No. 1109 of 2017.

In order to maintain consistency, the present application is also disposed of in similar terms.

3/4 The relevant part of the order is quoted below: "Counsel appearing on behalf of the State submits that the petitioners cannot e granted relief in the nature of direction to the respondents for regularization of their services in view of the judgment of the Apex Court in the case of the Secretary, State of Karnataka and Ors. vs. Umadevi and Others; (2006)4 SCC1 Counsel for the petitioners conceded to the extent that direction for regularization, after the judgment in Umadevi's case, is impermissible.

However, he submits that since the petitioners have worked under the scheme of the State Government as such they are entitled to consideration of their age for age relaxation considering the fact that they have worked under the scheme of the State Government, there is absolutely no dispute that these petitioners have rendered services in furtherance of the scheme of the State Government for promoting education pursuant to the constitutional amendment and insertion of Article 21A and Right to Children to Free and Compulsory Education Act, 2009. It is admitted position that petitioners are still continuing.

The Court in the aforesaid circumstances deems it fit and proper to direct the respondents to consider relaxing the age in the event the petitioners are otherwise eligible for the appointment as Panchayat Shikshak as one time

4/4 measure considering the fact that they have worked under the scheme of the State Government.

With the aforesaid observation, the writ petition stands disposed of."

(Anil Kumar Upadhyay, J) Ravi/- U