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Patna High Court - Orders

The State Of Bihar & Ors vs Brajesh Kumar & Ors on 3 August, 2016

Author: Hemant Gupta

Bench: Hemant Gupta, Ahsanuddin Amanullah

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Letters Patent Appeal No.1870 of 2015
                              Arising out of
              Civil Writ Jurisdiction Case No. 2892 of 2013
======================================================
1. The State of Bihar.
2. The Principal Secretary, Education Department, Government of Bihar,
    Patna.
3. The Director, Primary Education, Bihar, Patna.
4. The Deputy Development Commissioner-cum-Chairman, District
    Education Establishment Committee, Begusarai.
5. The Regional Deputy Director of Education, Munger Division, Munger.
6. The District Education Officer, Begusarai.
7. The District Programme Officer, (Establishment), Begusarai.
8. The Block Education Officer, Bachhawara Anchal, Distt - Begusarai.
9. The Block Education Officer, Birpur Anchal, Distt - Begusarai.
10. The Block Education Officer, Garhpura Anchal, Distt - Begusarai.
11. The Block Education Officer, Chhaurahi Anchal, Distt - Begusarai.
12. The Block Education Officer, Teghara Anchal, Distt - Begusarai.
13. The Block Education Officer, Matihani Anchal, Distt - Begusarai.
14. The Block Education Officer, Begusarai Anchal, Distt - Begusarai.
15. The Block Education Officer, Mansoorchak Anchal, Distt - Begusarai.
16. The Block Education Officer, Balia Anchal, Distt - Begusarai.
17. The Block Education Officer, Barauni Anchal, Distt - Begusarai.
18. The District Account Officer, Begusarai.

                                                         .... .... Appellant/s
                                    Versus
1.   Brajesh Kumar S/o Late Ganesh Sahu R/o Vill - Kamaruddinpur, P.S. -
     Begusarai Mufassil, Distt - Begusarai, At present posted and working as
     an Assistant Teacher in Govt. Middle School Makardahi, Anchal -
     Barauni, Distt - Begusarai.
2.   Rashmi Kumari Daughter of Ramchandra Sahu R/o Vill - Naulagarh,
     P.S. - Bhagwanpur, Distt - Begusarai, At present posted and working as
     an Assistant Teacher in Govt. Middle School Mirganj, Anchal -
     Begusarai, Distt - Begusarai.
3.   Krishna Kant Chaurasia S/o Vishnudeo Prasad Chaurasia R/o Vill &
     P.O. - Birpur, P.S. - Birpur, Distt - Begusarai, At present posted and
     working as an Assistant Teacher in Govt. Middle School Ratauli,
     Anchal - Begusarai, Distt - Begusarai.
4.   Dilip Kumar Sharma S/o Govardhan Sharma R/o Vill - Mirjapur
     Bandwar, P.S. - Begusarai Mufassil, Distt - Begusarai, At present posted
     and working as an Assistant Teacher in Govt. Kanya Middle School
     Matihani, Anchal - Matihani, Distt - Begusarai.
5.   Vijay Kumar Arya, S/o Radha Krishna Prasad, R/o Vill & P.O. - Tajpur,
     P.S. - Bhagwanpur, Distt - Begusarai, At present posted and working as
     an Assistant Teacher in Govt. Middle School Dhabilapur, Anchal -
     Mansoorchak, Distt - Begusarai.
6.   Shiva Kant Chaudhary S/o Late Devi Chaudhary R/o Vill - Bari Balia,
     P.O. & P.S. - Balia, Distt - Begusarai, At present posted and working as
     an Assistant Teacher in Govt. Kanya Middle School Hussainichak,
     Anchal - Balia, Distt - Begusarai.
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             7. Ram Ratan Pandit S/o Ramdhani Pandit R/o Vill & P.O. - Begusarai,
                 P.S. - Sahebpur Kamal, Distt - Begusarai, At present posted and
                 working as an Assistant Teacher in Govt. Upgraded Middle School
                 Durakpur, Anchal - Sahebpur Kamal, Distt - Begusarai.
             8. Binod Kumar S/o Late Jagdish Sah R/o Vill - Ajhaur, P.O. - Ajhaur,
                 P.S. - Chandpura, Distt - Begusarai, At present posted and working as
                 an Assistant Teacher in Govt. Upgraded Middle School Suja, Anchal -
                 Begusarai, Distt - Begusarai.
             9. Nand Kumar S/o Rameshwar Prasad Yadav R/o Vill - Paguraha, P.O. -
                 Rajaur, P.S. - Garhpura, Distt - Begusarai, At present posted and
                 working as an Assistant Teacher in Govt. Middle School Kumharso,
                 Anchal - Garhpura, Distt - Begusarai.
             10. Niraj Kumar S/o Bhuneshwar Chaurasia R/o Vill - Lakhua, P.O.
                 Rampur Samathu, P.S. & Distt - Begusarai, At present posted and
                 working as an Assistant Teacher in Govt. Upgraded Middle School
                 Milki, Anchal - Chhaurahi, Distt - Begusarai.
             11. Gulam Nabi S/o Md. Nasir R/o Vill - Fulwaria, P.O. - Dularpur, P.S. -
                 Teghara, Distt - Begusarai, At present posted and working as an
                 Assistant Teacher in Govt. Upgraded Middle School Fulwariganj,
                 Anchal - Teghara, Distt - Begusarai.
             12. Rina Kumari Daughter of Ram Charitra Singh R/o Vill & P.O. -
                 Dularpur, P.S. - Teghara, Distt - Begusarai, At present posted and
                 working as an Assistant Teacher in Govt. Upgraded Middle School
                 Dularpur , Anchal - Teghara, Distt - Begusarai.
             13. Chandra Bhushan Sharma S/o Late Mahesh Sharma R/o Vill & P.O. -
                 Shahpur, P.S. - Begusarai Muffasil, Distt - Begusarai, At present posted
                 and working as an Assistant Teacher in Govt. Middle School Chhitraur,
                 Anchal - Matihani, Distt - Begusarai.
             14. Anil Kumar S/o Late Surya Narayan Sah R/o Vill - Singhpur, P.S. -
                 Nayagaon, Distt - Begusarai, At present posted and working as an
                 Assistant Teacher in Govt. Middle School Sankh, Anchal - Begusarai,
                 Distt - Begusarai.
             15. Prabhat Kumar S/o Late Chandra Kumar Rai R/o Vill - Narepur Tola
                 Dharampur, P.O. & P.S. - Bachhawara, Distt - Begusarai, At present
                 posted and working as an Assistant Teacher in Govt. Upgraded Middle
                 School Sabaura, Anchal - Barauni, Distt - Begusarai.
             16. Md. Shamimuddin S/o Md. Juber R/o Vill - Mobarakpur Hasanpur, P.O.
                 - Karichak Chhapaki, P.S. - Birpur, Distt - Begusarai, At present posted
                 and working as an Assistant Teacher in Govt. Upgraded Urdu Middle
                 School Karichak, Anchal - Begusarai, Distt - Begusarai.
             17. Md. Naushad Alam S/o Late Moinuddin R/o Vill - Mobarakpur
                 Hasanpur, P.O. - Babhangama, P.S. - Birpur, Distt - Begusarai, At
                 present posted and working as an Assistant Teacher in Govt. Upgraded
                 Urdu Middle School Laruara, Anchal - Begusarai, Distt - Begusarai.
             18. Sanjay Kumar Anshumali S/o Subalal Anshumali R/o Vill & P.O. -
                 Naulagarh, P.S. - Bhagwanpur, Distt - Begusarai, At present posted and
                 working as an Assistant Teacher in Govt. Middle School Naulagarh,
                 P.S. Bhagwanpur, Distt- Begusarai, At present posted and working as an
                 Assistant Teacher in Govt. Middle School, Naulagarh, Anchal - Birpur,
                 Distt - Begusarai.
             19. Prabhat Kumar S/o Late Baleshwar Paswan R/o Vill - Bhawanandpur,
                 P.O. - Panapur, P.S. - Birpur, Distt - Begusarai, At present posted and
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                 working as an Assistant Teacher in Govt. Primary School Chandwara,
                 Anchal - Begusarai, Distt - Begusarai.
             20. Shiv Kumar Singh S/o Late Ramashray Singh R/o Vill - Parra, P.O. -
                 Saraunja, P.S. - Birpur, Distt - Begusarai, At present posted and working
                 as an Assistant Teacher in Govt. Primary School Muradpur, Anchal -
                 Birpur, Distt - Begusarai.
             21. Yogendra Kumar S/o Late Deo Suraj Mahto R/o Vill - Chhoti Balia,
                 P.S. - Balia, Distt - Begusarai, At present posted and working as an
                 Assistant Teacher in Govt. Primary School Puwari Rajaura, Anchal -
                 Begusarai, Distt - Begusarai.
             22. Kumari Nilam Daughter of Raghuvansh Singh R/o Vill - Barbighi, P.O.
                 - Hussaina, P.S. - Balia, Distt - Begusarai, At present posted and
                 working as an Assistant Teacher in Govt. Primary School Makardahi,
                 Anchal - Barauni, Distt - Begusarai.
             23. Naresh Prasad Singh S/o Shri Kant Lal Singh R/o Vill - Murali, P.O. -
                 Bhawanipur, P.S. - Gopalpur, Distt - Begusarai, At present posted and
                 working as an Assistant Teacher in Govt. Middle School Noorjamapur,
                 Anchal - Balia, Distt - Begusarai.
             24. Ragini Kumari Daughter of Dinesh Kumar R/o Vill - Pansalla, P.O. -
                 Bhairwar, P.S. - Begusarai Muffasil, Distt - Begusarai, At present
                 posted and working as an Assistant Teacher in Govt. Middle School
                 Anu, Pokharia, Anchal - Begusarai, Distt - Begusarai.
             25. Manoj Kumar Singh S/o Late Pram Sagar Singh R/o Vill - Rajaura, P.S.
                 - Begusarai Muffasil, Distt - Begusarai, At present posted and working
                 as an Assistant Teacher in Govt. Upgraded Middle School Parra, Anchal
                 - Birpur, Distt - Begusarai.
             26. Ram Prakash Paswan S/o Late Anik Paswan R/o Vill - Balia Bazar Patel
                 Chauk, P.S. - Balia, Distt - Begusarai, At present posted and working as
                 an Assistant Teacher in Govt. Middle School Lakhminia Bazar, Anchal
                 - Balia, Distt - Begusarai.
             27. Pushpa Kumari Daughter of Shri Munilal Bhagat R/o Vill - Chhoti Balia
                 (Chakmarwan Tola), P.S. - Balia, Distt - Begusarai, At present posted
                 and working as an Assistant Teacher in Govt. Middle School Balia,
                 Anchal - Balia, Distt - Begusarai.
             28. Wakil Prasad Rajak S/o Late Deo Narayan Rajak R/o Vill - Sondipi,
                 P.S. - Balia, Distt - Begusarai, At present posted and working as an
                 Assistant Teacher in Govt. Middle School Sadipur, Anchal - Balia, Distt
                 - Begusarai.
             29. The District Magistrate, Begusarai.
             30. The District Treasury Officer, Begusarai.
             31. The Headmaster cum Drawing and Disbursing Officers of the
                 Petitioner's School, Distt - Begusarai.

                                                             .... .... Respondent/s
             ======================================================
             Appearance :
             For the Appellant/s  : Mr. Vishwambhar Prasad, A.C. to A.A.G. IX.
             For the Respondent/s :
             ======================================================
             CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA
                       and
                       HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
           Patna High Court LPA No.1870 of 2015 (4) dt.03-08-2016

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                                        ORAL ORDER
                       (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)

4       03-08-2016

Let fresh notice be issued to Respondent No. 13 at his correct address under ordinary process as well as registered cover with A.D for which process fee be filed within one week.

Let Service Report of Respondent Nos. 3, 6, 7, 8, 9, 10, 14, 16, 17, 18, 20, 21, 22, 23 and 26 to 28 be awaited.

(Hemant Gupta, J) (Ahsanuddin Amanullah, J) P.K.P./Anand U