Patna High Court
Wakil Paswan vs The State Of Bihar on 24 April, 2019
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6717 of 2019
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1. Wakil Paswan, aged about 42 years, male, S/o Ganpati Paswan R/o Village
and P.O.-Amarut kauabar, District-Gaya
2. Bijay Kumar, aged about 42 years, male, Son of Jagdish Prasad Yadav R/o
Village-Karjara, P.O. Etawa, District-Gaya
3. Kalpana Kiran, aged about 41 years, female, S/o Nandlal Prasad R/o
Village-Matihani, P.O. Etawa, District-Gaya
4. Jitendra Prasad, aged about 42 years, male, S/o Bulak Yadav R/o Village-
Dhamna, P.O.-Dangara, District-Gaya
5. Kapildev Paswan, aged about 43 years, male, S/o Shree Sahdev Paswan R/o
Village-Sewaratola, Ramchak, P.O. Phulwariya, District-Gaya
6. Dwarika Prasad Gupta, aged about 42 years, male, S/o Lala Saw R/o
Village-Chhotaki Bihiya, P.O. Etawa, District-Gaya
7. Pradeep Kumar Prajapati, aged about 40 years, male, S/o Jagdev Prajapati
R/o Village-Roganiya, P.O. Jhari, District-Gaya
8. Ranjeet Kumar, aged about 42 years, male, S/o Yamuna Prajapati R/o
Village-House No. 25, Chapacoh, P.O. Sherghati, District-Gaya
9. Nityanand Sharma, aged about 35 years, male, S/o Dinesh Sharma R/o
Village-Mahadeopur, Anchal Paraiya, District Gaya
10. Sanjay Kumar Singh, aged about 45 years, male, Son of Ram Pratap Singh
R/o Village-Sewra Balpar, P.O. Pholwariya, District-Gaya
11. Om Prakash, aged about 40 years, male, S/o Nagendra Prasad R/o Village-
Maigra, P.O. Maigra, District-Gaya
12. Vijay Kumar Das, aged about 30 years, male, Son of Vasudev Das R/o
Village-Narayanpur, P.O. Maingra, District-Gaya
13. Ramjee Rikiyasan, aged about 35 years, male, Son of Sitaram Rikiyasan R/o
Village-Singhpur, P.O. Pipra, District-Gaya
14. Chandrawati Devi, aged about 40 years, female, W/o Krishnadeo Prasad R/o
Village-Valichak, P.O. Phulwaria, District-Gaya
15. Kiran Kumari, aged about 39 years, female, D/o Ram Sharan Yadav R/o
Village-Mahulaniya, P.O. Pipara, District-Gaya
16. Kapil Paswan, aged about 42 years, male, Son of Tilakdhari Paswan R/o
Village-Arai Beldari, P.O. Arai, District-Gaya
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17. Satendra Prasad, aged about 39 years, male, Son of Kishun Prasad R/o
Village-Chargharva, P.O. Sherpur, District Gaya
18. Sanjay Kumar, aged about 35 years, male, S/o Ramdayal Ravidas R/o
Village-Jhagarahi, P.O. Gurpa, District-Gaya
19. Ram Udit Yadav, aged about 42 years, male, S/o Ganesh Yadav R/o Village-
Bedauli, P.O. Naradpur, District-Gaya
20. Birendra Kumar, aged about 41 years, male, S/o Hari Sharma R/o Village-
Manwajhor, P.O. Kahudag, District-Gaya
21. Sumita Kumari, aged about 40 years, female, W/o Awalesh Prasad R/o
Village-Charghatwa, P.O. Utari Ladhwe, District-Gaya
22. Pushpa Kumari, aged about 42 years, female, W/o S. Kumar R/o Village-
Sirampur, P.O. Pipra, District-Gaya
23. Renu Kumari, aged about 41 years, female, W/o Yogendra Kumar R/o
Village-Tulachak, P.O. Jhajha, District-Gaya
24. Girja Kumari, aged about 40 years, female, W/o Nathuni Singh R/o Village-
Balmichak, P.O. Phulwariya, District-Gaya
25. Bahadur Kumar, aged about 40 years, male, S/o Bishnudeo Pandit R/o
Village-Bhelwa, P.O. Ajgewa, District Saharsa
26. Manoj Kumar, aged about 31 years, male, S/o Devnarayan Sah R/o Village-
Khera, P.O. Nado, District-Saharsa
27. Ratnesh Kumar Paswan @ Rajnesh Kumar, aged about 35 years, male, S/o
Vishun Dayal Paswan R/o Village and P.O.-Asadharpur, District-Vaishali
28. Dharmendra Kumar, aged about 34 years, male, S/o Ramnaresh Bhagat R/o
Village-Dohaji Ramchandra, P.O. Madhopur Mahodal, District-Vaishali
29. Bashishtha Kumar, aged about 37 years, male, S/o Jamun Sharma R/o
Village and P.O.-Sasauni Rajauil, District-Vaishali
30. Hema Kumari, aged about 37 years, female, D/o Saudagar Das R/o Village-
Rahsa East, P.O.-Rahsa Doew, District-Vaishali
31. Nandkishor Kumar, aged about 31 years, male, S/o Rameshwar Prasad
Yadav R/o Village -ShembhuPatti, P.O. Boaria, District-Vaishali
32. Lal Babu Singh, aged about 31 years, male, S/o Hari Nandan Singh R/o
Village-Panapur, P.O. Panapur, District-Vaishali
33. Kishor Kumar, aged about 35 years, male, S/o Dharmdeo Ray R/o Village
and P.O.-Hansi Kewal, District-Vaishali
34. Putul Devi, aged about 35 years, female, W/o Vinod Singh R/o Village and
P.O.-Balwa Kawari, District-Vaishali
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35. Kiran Kumari, aged about 39 years, female, D/o Anandi Pandey R/o Village-
Hariharpur, P.O. Rajoli, District-Vaishali
36. Manorma Kumari, aged about 40 years, female, D/o Rameshwar Singh R/o
Village-Paharpur, P.S. Hajipur, District-Vaishali
37. Amita Kumari, aged about 42 years, female, W/o Awadhesh Ray R/o Village
and P.O.-Senduari Govind, District-Vaishali
38. Sanjay Kumar, aged about 44 years, male, S/o Lal Babu Bhagat R/o Village-
NH-77 Near K.V.K. Hanharpur, P.O. Hanharpur, District-Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna
2. The Commissioner-cum-Secretary, Department of Human Resources
Development, Government of Bihar
3. The District Magistrate, Distt.-Gaya
4. The Deputy Development Commissioner, Distt.-Gaya
5. The Education Officer, District-Gaya
6. The District Magistrate, Distt.-Saharsa
7. The Deputy Development Commissioner, Distt.-Saharsa
8. The Education Officer, District-Saharsa
9. The District Magistrate, Distt.-Vaishali
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Devanand Tiwari, Adv.
For the Respondent/s : Mr. Madhaw Prasad Yadav (GP-23)
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL JUDGMENT
Date : 24-04-2019
Heard the learned counsel for the petitioners
and the State.
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2. The petitioners, who are Lok Shikshaks
claim parity with Shiksha Mitra, who have been absorbed as
Panchayat Teachers.
3. The learned counsel for the petitioners has
submitted that the appointment process of Shiksha Mitra and
Lok Shikshak are similar but the erstwhile Panchayat Shiksha
Mitras have been absorbed as Panchayat Teachers, whereas
similar privilege has not been given to Lok Shikshaks who
have worked for several years for the Government. Be it
noted that the policy for appointment of Lok Shikshak has
been put in abeyance. Some of the Lok Shikshaks, who had
served in that capacity under the scheme of the
Government, had approached this Court for a direction to
rehabilitate/absorb them in regular service as has been done
with the case of Panchayat Shikshaks. As far back as on
21.03.2012, a Bench of this Court in Jay Prakash vs. State of Bihar & Ors. and batch of analogous cases, rejected the contention of the petitioners therein that the cases of Lok Shikshaks and Panchayat Shiksha Mitra were similar and, therefore, they ought to be given parity with respect to their Patna High Court CWJC No.6717 of 2019 dt.24-04-2019 5/7 rehabilitation/absorption and pay.
4. However, considering the fact that the then Chief Executive of the State had doled out a promise that their cases would be looked at and necessary orders shall be passed, the Bench only directed the petitioners therein to represent before the Principal Secretary, Human Resources Development, Government of Bihar, who, in the light of the scheme of the Government with regard to absorption of Shiksha Mitras as Panchayat Teachers, would place the matter before the State Government for necessary order or direction in that regard.
5. The learned counsel for the petitioners has submitted that with respect to similar such question regarding parity in terms of rehabilitation and absorption, a Bench of this Court, though in the case of non-formal instructors and supervisors, ignored the distinction between the aforesaid two groups for being absorbed after the closure of the scheme.
6. Some of the Lok Shikshaks had approached for similar relief whose representation was not accepted Patna High Court CWJC No.6717 of 2019 dt.24-04-2019 6/7 favourably vide C.W.J.C. No. 1109 of 2017 (Prafful Kumar Mandal & Ors. vs. The State of Bihar & Ors) . The Bench hearing the matter, though agreed on principle that after the judgment of the Apex Court in case of Secretary State of Karnataka & Ors. Vs. Uma Devi & Ors. reported in 2006 (2) P.L.J.R. SC 363, no direction could be issued for their absorption, but was of the view that since the petitioners therein, who had served as Lok Shikshaks, deserved age relaxation for the purposes of consideration of their engagement in Government service, taking into account that they had worked under the scheme of the State Government.
7. Later, again, many persons approached this Court for the similar relief vide C.W.J.C. No. 13677 of 2017, which was disposed off by order dated 19.09.2018, thereby recording that the cases of the petitioners, if found identical to the cases of the petitioners in C.W.J.C. No. 1109 of 2017 (Prafful Kumar Mandal & Ors., referred to above) , same relief be given to them.
8. The petitioners herein also claim parity with Patna High Court CWJC No.6717 of 2019 dt.24-04-2019 7/7 the facts of Prafful Kumar Mandal & Ors. vs. The State of Bihar & Ors. (order dated 30.11.2017), if, on enquiry, it is found that their cases are covered by the aforesaid order, needless to state that they would also get the same benefit/relaxation of age.
9. For facilitating the concerned respondent for passing an order in that regard within a reasonable period, the petitioners are permitted to represent before the concerned authority within a period of four weeks along with a copy of this order and copies of the orders which have been referred in the present order, and their representations shall be disposed off by the concerned respondent within a period of four weeks thereafter.
10. With the aforesaid direction/observation, the petition is disposed off.
(Ashutosh Kumar, J) Praveen-II/-
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