Patna High Court
Ram Pravesh Yadav & Ors vs The State Of Bihar & Ors on 3 July, 2017
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.171 of 2017
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1. Ram Pravesh Yadav, S/o Late Ram Sundra Yadav, Resident of Village-
Laxmipur Kodra, P.s.- Kusheshwar Asthan, District- Darbhanga.
2. Rakesh Kumar Raushan, s/o Janardan Prasad Yadav, Resident of Village-
Baghmara, P.S.- Kusheshwar Asthan, District- Darbhanga.
3. Ganga Prasad Yadav, S/o Shiv Narayan Yadav, Resident of Village- Piprahi,
P.S.- Kusheswar Asthan, District- Darbhanga.
4. Virendra Poddar, S/o Barhmanand Poddar, Resident of Village- Baghmara,
P.S.- Kusheshwar Asthan, District- Darbhanga.
5. Shiv Shankar Pandit, S/o Shiv Narayan Pandit, Resident of Village- Karotawa,
P.S.- Kusheswar Asthan, District- Darbhanga.
6. Anju Kumari, D/o Krishnadeo Prasad Singh, Resident of Village- Itehar, P.S.-
Kusheshwar Asthan, District- Darbhanga.
7. Arjun Prasad, S/o Late Narayan Roy, Resident of Village- Itehar, P.S.-
Kusheswar Asthan, District- Darbhanga.
8. Kamla Kant, S/o Yadu Sharma, Resident of Village- Itehar, P.S.- Kusheshwar
Asthan, District- Darbhanga.
9. Ram Chandra Paswan, S/o Ravindra Paswan, Resident of Village- Makhnahi,
P.S.- Kusheswar Asthan, District- Darbhanga.
10. Dina Nath Rai, S/o Ram Pravesh Rai, Resident of village- Itehar, P.S.-
Kusheswar Asthan, District- Darbhanga.
11. Pradeep Kumar Yadav, S/o Hari Lal Yadav, Resident of village- Baghmara,
P.S.- Kusheswar Asthan, District- Darbhanga.
12. Mohan Kumar, S/o Ram Ratan Yadav, Resident of Village- Mahisaut, P.S.
Kusheswar Asthan, District- Darbhanga.
13. Ashok Kumar Mukhiya, S/o Lalan Mukhiya, Resident of Village- Koniya,
P.S.- Kusheswar Asthan, District- Darbhanga.
14. Smt. Asha, W/o Ram Dayal Bharti, Resident of Village- Koniya, P.S.-
Kusheswar Asthan, District- Darbhanga.
15. Sushila Kumari, W/o Jai Narayan Singh, Resident of Village- Sughrain, P.S.-
Kusheswar Asthan, District- Darbhanga.
16. Ram Japo Rai, S/o Ram Prasad Rai, Resident of Village- Sughrain, P.S.-
Kusheswar Asthan, District- Darbhanga.
17. Laxmi Kumari, W/o Manoj Kumar Singh, Resident of Village- Sughrain, P.S.-
Kusheshwar Asthan, District- Darbhanga.
18. Jiwachh Prasad Nirala, S/o Sita Ram Yadav, Resident of Village- Piprahi,
P.S.- Kusheshwar Asthan, District- Darbhanga.
19. Kamlesh Kumar Kamal, S/o Kailash Yadav, Resident of Village- Baghmara,
P.S.- Kusheswar Asthan, District- Darbhanga.
20. Surendra Prasad Yadav, S/o Mahabir Yadav, Resident of Village- Piprahi,
P.S.- Kusheswar Asthan, District- Darbhanga.
21. Nisha Kumari, W/o Arun Kumar Yadav, Resident of Village- Pakahi, P.S.-
Kusheshwar Asthan, District- Darbhanga.
22. Radheshyam Rai, S/o Surya Narayan Rai, Resident of Village- Laxminiya,
P.S.- Kusheswar Asthan, District- Darbhanga.
23. Vinod Kumar, S/o Sita Ram Yadav, Resident of Village- Sahorbaghat, P.S.-
Kusheswar Asthan, District- Darbhanga.
24. Ramakant Yadav, S/o Jagdish Yadav, Resident of Village- Baghmara, P.S.-
Kusheswar Asthan, District- Darbhanga.
Patna High Court CWJC No.171 of 2017 dt.03-07-2017
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25. Vijay Kumar Yadav, S/o Ram Prakash Yadav, Resident of Village- Baghmara,
P.S.- Kusheswar Asthan, District- Darbhanga.
26. Bishambhar Singh, S/o Nageshwar Singh, Resident of Village- Rahipura, P.S.-
Kusheswar Asthan, District- Darbhanga.
27. Ram Pravesh Yadav & Ors
28. Nagendra Sada, S/o Kailu Sada, Resident of Village- Jhajha, P.S.- Kusheswar
Asthan, District- Darbhanga.
29. Sri Kant Yadav, S/o Guneshwar Yadav, Resident of Village- Mahisaut, P.S.-
Kusheswar Asthan, District- Darbhanga.
30. Binod Kumar Manjhi, S/o Badri Narayan Manjhi, Resident of Village-
Rahipura, P.S.- Kusheswar Asthan, District- Darbhanga.
31. Gauri Kant Yadav, S/o Ramautar Yadav, Resident of Village- Mahisaut, P.S.-
Kusheswar Asthan, District- Darbhanga.
32. Gangesh Kumar, S/o Jai Narayan Rai, Resident of Village- Golma, P.S.-
Kusheswar Asthan, District- Darbhanga.
33. Dilip Kumar Poddar, S/o Late Firangi Poddar, Resident of Village- Laxminiya,
P.S.- Kusheswar Asthan, District- Darbhanga.
34. Hare Ram Poddar, S/o Jageshwar Poddar, Resident of village- Simraha, P.S.-
Kusheswar Asthan, District- Darbhanga.
35. Shiv Shankar Prasad Suman, S/o Ram Bihari Yadav, Resident of Village-
Jurauna, P.S.- Kusheswar Asthan, District- Darbhanga.
36. Sunil Kumar, S/o Ram Deo Yadav, Resident of Village- Jurauna, P.S.-
Kusheshwar Asthan, District- Darbhanga.
37. Ganga Ram Yadav, S/o Thakkan Yadav, Resident of Village- Mahisaut
(Narkatia), P.S.- Kusheswar Asthan, District- Darbhanga.
38. Dilip Chaupal, S/o Ram Sughari Chaupal, Resident of Village- Mahisaut P.S.-
Kusheswar Asthan, District- Darbhanga.
39. Chunnu Saudagar, S/o Baldev Paswan, Residetn of Village- Gauramdih, P.S.-
Kusheswar Asthan, District- Darbhanga.
40. Umesh Prasad Singh, S/o Ram Bhajan Singh, Resident of Village- Tegchha,
P.S.- Kusheswar Asthan, District- Darbhanga.
41. Lalan Kumar Yadav, S/o Rameshwar Yadav, Resident of Village- Gadhepura,
P.S.- Kusheswar Asthan, District- Darbhanga.
42. Anil Kumar, S/o Radhe Rai, Resident of Village- Golma, P.S.- Kusheswar
Asthan, District- Darbhanga.
43. Ganesh Prasad, S/o Dev Narayan Rai, Resident of Village- Ujua, P.S.-
Kusheswar Asthan, District- Darbhanga.
44. Ranjan Kumari, D/o Lakshman Prasad, Resident of Village- Tegchha, P.S.-
Kusheswar Asthan, District- Darbhanga.
45. Kamaldeo Rai, S/o Bishwanath Rai, Resident of Village- Nautoliya, P.S.-
Kusheswar Asthan, District- Darbhanga.
46. Ram Prakash Sah, S/o Mahabir Sah, Resident of Village- Laxminiya, P.S.-
Kusheswar Asthan, District- Darbhanga.
47. Nagendra Das, S/o Bhikhar Das, Resident of Village- Kewatgama, P.S.-
Kusheswar Asthan, District- Darbhanga.
48. Ram Akwal Paswan, S/o Jageshwar Paswan, Resident of Village- Sisauna,
P.S.- Kusheswar Asthan, District- Darbhanga.
49. Satyendra Kumar, S/o Govind Lal Poddar, Resident of Village- Baghmara,
P.S.- Kusheswar Asthan, District- Darbhanga.
.... .... Petitioner/s
Versus
Patna High Court CWJC No.171 of 2017 dt.03-07-2017
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1. The State of Bihar.
2. The Chief Secretary, Government of Bihar Old Secretariat, Patna.
3. The Principal Secretary, Department of Personnel and Administrative Reforms,
Government of Bihar, Patna.
4. The Principal Secretary, Department of Human Resources Development,
Government of Bihar, Patna.
5. The Director, Mass Education, Government of Bihar, Patna.
6. The District Mass Education Officer, Darbhanga.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dilip Kumar Tiwari, Adv.
For the Respondent/s : Mr. Md. Harun Khuraishi, A.C. to S.C.1
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL JUDGMENT
Date: 03-07-2017 Heard Mr. Dilip Kumar Tiwari, learned counsel for the petitioner and Mr. Md. Harun Khuraishi, A.C. to S.C.1 for the State.
The petitioners are Ex Instructors under the Non Formal Scheme of Education whose services were terminated following the closure of the Scheme. Some supervisors appointed under the same scheme had come up before this Court and under the orders passed, they were absorbed in the services of the State Government. It is taking note of the order of absorption passed in the case of the Supervisors that some of the Instructors came before this court for similar relief giving rise to C.W.J.C.No.8418 of 2010 and a Bench of this court allowed the writ petition with the direction to the respondent- State to identify the instructors who were validly appointed and were thrown out on account of closure of the Scheme, for their absorption within four months. The State went in intra court Patna High Court CWJC No.171 of 2017 dt.03-07-2017 4/5 appeal giving rise to L.P.A.No.1484 of 2014 which was dismissed. The State filed Special Leave Petition which again was dismissed. Since some of the Instructors having identical claims, were not provided with the relief, that they came before this Court by filing C.W.J.C.No.3765 of 2016 and when the Division Bench of this court held that all similarly placed Instructors should be afforded similar treatment. The petitioners by filing this writ petition also pray for similar relief for consideration of their case for absorption in the light of the orders passed by this court in similar matters as discussed above.
Learned counsel for the parties are in agreement that the issue raised in the present writ petition is covered by the decision of this Court passed in C.W.J.C.No.384 of 2017 (Harendra Mishra & others Vs. State) when this Court taking note of the entire sequence of events right from the initial stage of filing of the writ petition by the instructors for absorption in C.W.J.C.No.8418 of 2010 as well taking note of the clarificatory order passed by the Division Bench in C.W.J.C.No.3765 of 2016 whereby the Division Bench has directed the State Government to extend the relief to all similar situated persons, issued directions to the respondents to consider and dispose of the claim so raised.
Since there is no disagreement that the issue raised and the Patna High Court CWJC No.171 of 2017 dt.03-07-2017 5/5 relief prayed in this writ petition is the same as in the case of Harendra Mishra (supra), the respondent No.3 to 5 who were respondent No. 2 to 4 in the said writ petition are accordingly directed to consider the claim of the petitioners for absorption in the backdrop of the issue settled by this Court as taken note of in the judgment rendered in the case of Harendra Mishra (supra), within a period of three months from the date of receipt/production of a copy of this order.
The writ petition is allowed in term of the judgment and order passed in C.W.J.C.No.384 of 2015 (Harendra Mishra & Ors. Vs. State).
(Jyoti Saran, J) Bibhash/-
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