High Court Patna High Court - Orders

Fulena Singh vs The State Of Bihar & Ors on 6 September, 2011

Patna High Court – Orders
Fulena Singh vs The State Of Bihar & Ors on 6 September, 2011
Patna High Court CWJC No.2485 of 2011 (2) dt.06-09-2011




                IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Civil Writ Jurisdiction Case No.2485 of 2011
            ======================================================

Ram Lakhan Mehta, son of late Ram Swaroop Mehta, resident of village-
Karor, P.O. Khan Jahanpur, Police Station- Cheriya Bariarpur, District-
Begusarai, retired while working as an Assistant Teacher from Govt.
Middle School- Sakarwasa, Anchal-Cheriya Bariarpur, District-Begusarai
…. …. Petitioner
Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department,
Government of Bihar, Patna

3. The Principal Secretary, Finance Department, Government of Bihar,
Patna

4. The Deputy Secretary, Finance (Pay Fixation) Department, Government
of Bihar, Patna

5. The Director, Middle Education, Bihar, Patna

6. The District Magistrate, Begusarai

7. The Deputy Development Commissioner-cum-Chairman, District
Education Establishment Committee, Begusarai

8. The District Superintendent of Education, Munger

9. The District Superintendent of Education, Begusarai

10. The District Treasury Officer, Begusarai

11. The District Accounts Officer, Begusarai

12. The Headmaster-cum- Drawing and Disbursing Officer, Govt. Middle
School-Sakarwasa, Anchal- Cheriya Bariarpur, District- Begusarai
…. …. Respondents
======================================================
with
Civil Writ Jurisdiction Case No.4069 of 2011
======================================================
Fulena Singh S/O Late Banarasi Singh R/O Vill.- Bahsara, P.O.- Bahsara
Babhangama, P.S.- Nawkothi, Distt.- Begusarai (Bihar), Presently Posted
As Assistant Teacher (Science), Government Urdu Primary School, Akaha,
Anchal- Bakhri, Distt.- Begusarai (Bihar)

…. …. Petitioner
Versus

1. The State Of Bihar

2. The Principal Secretary Human Resources Development Department,
Government Of Bihar, Patna (Bihar)

3. The Principal Secretary Finance Department, Government Of Bihar,
Patna (Bihar)

4. The Principal Secretary Finance (Pay Fixation) Department, Government
Of Bihar, Patna (Bihar)

5. The Director, Primary Education Government Of Bihar, Bikash Bhawan,
New Secretariat, Patna (Bihar)

6. The District Magistrate, Begusarai, Distt.- Begusarai (Bihar)

7. The Deputy Development Commissioner-Cum-Chairman The District
Education Establishment Committee, Begusarai, Distt.-Begusarai (Bihar)

8. The District Superintendent Of Education, Begusarai,Distt.- Begusarai
(Bihar)
Patna High Court CWJC No.2485 of 2011 (2) dt.06-09-2011

9. The District Treasury Officer, Begusarai, Distt.- Begusarai (Bihar)

10. The District Accounts Officer, Begusarai, Distt.- Begusarai (Bihar)

11. The Headmaster-Cum-Drawing & Disbursing Officer Of Government
Urdu Primary School, Akaha Anchal- Cheriya Bariyarpur, Distt.-
Begusarai (Bihar)

…. …. Respondents
======================================================
with
Civil Writ Jurisdiction Case No.6044 of 2011
======================================================
Umarawati Devi, wife of Shri Rameshwar Tiwari, resident of village-
Aruwan, Police Station- Bhagwanpur Hat, District-Siwan, at present posted
and working as an Assistant Teacher in Govt. Primary School- Makari Tola,
Anchal-Bhagwanpur Hat, District-Siwan
…. …. Petitioner
Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department,
Government of Bihar, Patna

3. The Principal Secretary, Finance Department, Government of Bihar,
Patna

4. The Deputy Secretary, Finance (Pay Fixation) Department, Government
of Bihar, Patna

5. The Director, Middle Education, Bihar, Patna

6. The District Magistrate, Siwan

7. The Deputy Development Commissioner-cum-Chairman, District
Education Establishment Committee, Siwan

8. The District Superintendent of Education, Siwan

9. The District Superintendent of Education, Saran at Chapra

10. The District Treasury Officer, Siwan

11. The District Accounts Officer, Siwan

12. The Headmaster-cum- Drawing and Disbursing Officer, Govt. Primary
School-Makari Tola, Anchal- Bhagwanpur Hat, District-Siwan

…. …. Respondents
======================================================
with
Civil Writ Jurisdiction Case No.7329 of 2011
======================================================
Krishna Deo Jha, son of late Anant Jha, resident of village Bishunpur
Chandani Chouk, P.O. Bishunpur Police Station- Town Begusarai, District-
Begusarai, retired while working as an Assistant Teacher from Govt.
Middle School-Pasopur, Anchal Bhagwanpur, District- Begusarai
…. …. Petitioner
Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department,
Government of Bihar, Patna

3. The Principal Secretary, Finance Department, Government of Bihar,
Patna

4. The Deputy Secretary, Finance (Pay Fixation) Department, Government
Patna High Court CWJC No.2485 of 2011 (2) dt.06-09-2011

of Bihar, Patna

5. The Director, Primary Education, Bihar, Patna

6. The District Magistrate, Begusarai

7. The Deputy Development Commissioner-cum-Chairman, District
Education Establishment Committee, Begusarai

8. The District Superintendent of Education, Munger

9. The District Superintendent of Education, Begusarai

10. The District Treasury Officer, Begusarai

11. The District Accounts Officer, Begusarai

12. The Headmaster-cum- Drawing and Disbursing Officer, Govt. Middle
School-Pasopur, Anchal-Bhagwanpur, District- Begusarai

…. …. Respondents
======================================================
with
Civil Writ Jurisdiction Case No.11321 of 2011
======================================================
Rama Kant Kunwar S/O Late Manik Lal Kunwar R/O Vill.- Shankarpur
Bakhadda, P.O.- Badalpura, Police Station-Begusarai, Distt.- Begusarai
Retired While Working As An Assistant Teacher From Govt. Middle
School-Godargama Anchal-Matihani, Distt.- Begusarai

…. …. Petitioner
Versus

1. The State Of Bihar

2. The Principal Secretary, Human Resources Development Department
Govt. Of Bihar, Patna

3. The Principal Secretary, Finance Department Govt. Of Bihar, Patna

4. The Deputy Secretary Finance (Pay Fixation) Department Govt. Of
Bihar, Patna

5. The Director, Middle Education, Bihar, Patna

6. The District Magistrate, Begusarai

7. The Deputy Development Commissioner-Cum-Chairman District
Education Establishment Committee Begusarai

8. The District Superintendent of Education, Munger Now Distt,
Programme Officer, Munger

9. The District Superintendent of Education, Begusarai Now District
Programme Officer, Begusarai

10. The District Treasury Officer, Begusarai

11. The District Accounts Officer, Begusarai

12. The Headmaster Cum Drawing And Disbursing Officer Govt. Middle
School- Godargama, Anchal- Matihani Distt.- Begusarai

…. …. Respondents
======================================================
with
Civil Writ Jurisdiction Case No.11334 of 2011
======================================================
Rajendra Prasad Jaiswal S/O Late Ram Lakhan Jaiswal R/O Vill. & P.O.
Naokothi, Police Station- Naokothi, Distt.- Begusarai At Present Posted
And Working As An Assistant Teacher In Govt. Primary School-Bhagwati
Asthan Lakho, Anchal-Begusarai, Distt.- Begusarai
Patna High Court CWJC No.2485 of 2011 (2) dt.06-09-2011

…. …. Petitioner/s
Versus

1. The State Of Bihar

2. The Principal Secretary, Human Resources Development Department
Govt. Of Bihar, Patna

3. The Pricipal Secretary, Finance Department Govt. Of Bihar, Patna

4. The Deputy Secretary, Finance (Pay Petition) Department Govt. Of
Bihar, Patna

5. The Director, Middle Education, Bihar Patna

6. The District Magistrate, Begusarai

7. The Deputy Development Commissioner-Cum-Chairman District
Education Establishmentcommittee, Begusarai

8. The District Superintendent Of Education, Munger Now The District
Programme Officer Munger

9. The District Superintendent Of Education, Begusarai Now District
Programme Officer Begusarai

10. The District Treasury Officer, Begusarai

11. The Districts Accounts Officer, Begusarai

12. The Headmaster Cum Drawing And Disbursing Officer Govt. Middle
School- Bhagwati Asthan Lakho Anchal- Begusarai, Distt.- Begusarai

…. …. Respondents
======================================================
with
Civil Writ Jurisdiction Case No.11337 of 2011
======================================================
Ramashray Rai S/O Late Deonandan Rai R/O Vill.- Basudeopur, P.S.-
Koriya Hebatpur, Police Station- Begusarai, Distt.- Begusarai Retired While
Working As An Asistant Teacher From Govt. Middle School- Basudeopur,
Anchal- Begusarai, Distt.- Begusarai

…. …. Petitioner/s
Versus

1. The State Of Bihar

2. The Principal Secretary, Human Resources Development Department
Govt. Of Bihar, Patna

3. The Principal Secretary, Finance Department Govt. Of Bihar, Patna

4. The Deputy Secretary Finance (Pay Fixation) Department Govt. Of
Bihar, Patna

5. The Director , Middle Education, Bihar, Patna

6. The District Magistrate, Begusarai

7. The Deputy Development Commissioner-Cum-Chairman, Ditrict
Education Establishment Committee, Begusarai

8. The District Superintndent Of Education, Munger Now District
Programme Officer, Munger

9. The District Superintendent Of Education, Begusarai Now District
Programme Officer, Begusarai

10. The District Treasury Officer, Begusarai

11. The Distric Accounts Officer, Begusarai

12. The Headmaste Cum Drawing And Disbursing Officer Govt. Middle
School-Basudeopur Anchal- Begusarai, Distt.- Begusarai
Patna High Court CWJC No.2485 of 2011 (2) dt.06-09-2011

…. …. Respondents
======================================================
with
Civil Writ Jurisdiction Case No.11454 of 2011
======================================================
Parmanand Mahto, son of late Raghunandan Mahto, resident of village-
Mohanpur, P.O. Daulatpur, Police Station- Khodawandpur, District-
Begusarai, retired while working as an Assistant Teacher from Govt.
Primary School- Mirzapur, Anchal Khodawandpur, District- Begusarai.

…. …. Petitioner
Versus

1. The State f Bihar

2. The Principal Secretary, Human Resources Development Department,
Government of Bihar, Patna

3. The Principal Secretary, Finance Department, Government of Bihar,
Patna

4. The Deputy Secretary, Finance (Pay Fixation) Department, Government
of Bihar, Patna

5. The Director, Middle Education, Bihar, Patna

6. The District Magistrate, Begusarai

7. The Deputy Development Commissioner-cum-Chairman, District
Education Establishment Committee, Begusarai

8. The District Superintendent of Education, Munger, now District
Programme Officer, Munger

9. The District Superintendent of Education, Begusarai, Now District
Programme officer, Begusarai

10. The District Treasury Officer, Begusarai

11. The District Accounts Officer, Begusarai

12. The Headmaster-cum- Drawing and Disbursing Officer, Govt. Middle
School-Mirzapur, Anchal- Khodawandpur, District- Begusarai

…. …. Respondents
======================================================
with
Civil Writ Jurisdiction Case No.11467 of 2011
======================================================
Madan Prasad Sharma son of Late Ramesh Sharma R/Ovill. & P.O.
Safapur,P.S Nayagaon, Distt. Begusarai, Retired While Working as an
Asstt. Teacher from Govt. Middle School-Kanausi Anchal Garhpura, Distt.
Begusarai

…. …. Petitioner
Versus

1. The State Of Bihar

2. The Principal Secretary, Human Resources Development Department,
Government of Bihar, Patna

3. The Principal Secretary, Finance Department ,Govt. Of Bihar, Patna

4. The Deputy Secretary Finance ( Pay Fixation) Department, Govt. Of
Bihar Patna

5. The Director,Middle Education, Bihar Patna

6. The District Magistrate, Begusarai
Patna High Court CWJC No.2485 of 2011 (2) dt.06-09-2011

7. The Deputy Development Commissioner Cum-Chairman, District
Education Establishment Committee, Begusarai

8. The District Superintendet Of Education, Munger, now District
Programme Officer, Munger

9. The District Superintendent Of Edcuation, Begusarai, Now District
Programmee Officer, Begusarai

10. The District Treasury Officer, Begusarai

11. The District Accounts Offficer , Begusarai

12. The Head Master Cum Drawing And Disbursing Officer Govt. Middle
School Mirzapur Anchal Khodawandpur, Distt. Begusarai

…. …. Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.12071 of 2011
======================================================
Fuleshwar Prasad Mahto, son of late Mahabir Prasad Mahto, resident of
village- Rampur Habib, P.O. Ghaghra, Police Station- Bakhari, District-
Begusarai, retired while working as an Assistant Teacher from Govt.
Primary School- Salauna, Anchal-Bakhari, District- Begusarai
…. …. Petitioner
Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department,
Government of Bihar, Patna

3. The Principal Secretary, Finance Department, Government of Bihar,
Patna

4. The Deputy Secretary, Finance (Pay Fixation) Department, Government
of Bihar, Patna

5. The Director, Middle Education, Bihar, Patna

6. The District Magistrate, Begusarai

7. The Deputy Development Commissioner-cum-Chairman, District
Education Establishment Committee, Begusarai

8. The District Superintendent of Education, Munger. Now District
Programme officer, Munger

9. The District Superintendent of Education, Begusarai, now District
Programme Officer, Begusarai

10. The District Treasury Officer, Begusarai

11. The District Accounts Officer, Begusarai

12. The Headmaster-cum- Drawing and Disbursing Officer, Govt. Middle
School-Salauna, Anchal- Bakhari, District- Begusarai

…. …. Respondents
======================================================
with
Civil Writ Jurisdiction Case No.12498 of 2011
======================================================
Har Gauri Thkaur S/O Late Rohin Thakur R/O Vill.+P.O.+P.S.- Garhpura,
Distt.- Begusarai, Retired While Working As An Assistant Teacher From
Govt. Primary School, Khakhaura, Anchal-Garhpura, Distt.- Begusaria

…. …. Petitioner
Patna High Court CWJC No.2485 of 2011 (2) dt.06-09-2011

Versus

1. The State Of Bihar

2. The Principal Secretary Human Resources Development Department,
Govt. Of Bihar, Patna

3. The Principal Secretary Finance Department, Govt. Of Bihar, Patna

4. The Deputy Secretary Finance (Pay Fixation) Department, Govt. Of
Bihar, Patna

5. The Director Null Middle Education, Bihar, Patna

6. The District Magistrate Begusarai

7. The Deputy Development Commissioner-Cum-Chairman District
Education Establishment Committee, Begusaria

8. The District Superintendent Of Education Munger, Now District
Programme Officer, Munger

9. The District Superintendent Of Education Begusarai, Now District
Programme Officer, Begusarai

10. The District Treasury Officer Begusarai

11. The District Accounts Officer Begusaria

12. The Headmaster Cum Drawing And Disbursing Officer Govt. Primary
School-Khakharua, Anchal-Garhpura, Distt.- Begusarai

…. …. Respondents
======================================================
with
Civil Writ Jurisdiction Case No.13095 of 2011
======================================================
Ram Shankar Singh S/O Late Krishnadeo Singh R/O Vill. & P.O.-
Bhairwar, P.S.- Muffasil Begusarai, Distt.- Begusarai, Retired While
Working As An Head Teacher (Assistant Teacher) From Govt. Primary
School-Meenapur Shahpur, Anchal- Begusarai(South), Distt.- Begusarai

…. …. Petitioner/s
Versus

1. The State Of Bihar

2. The Principal Secretary Human Resources Development Department,
Government Of Bihar, Patna

3. The Principal Secretary Finance Department, Govt. Of Bihar, Patna

4. The Deputy Secretary Finance (Pay Fixation) Department, Government
Of Bihar, Patna

5. The Director, Primary Education, Bihar, Patna

6. The District Magistrate, Begusarai

7. The Deputy Development Commissioner-Cum-Chairman District
Education Establishment Committee, Begusarai

8. The District Superintendent Of Education, Begusarai

9. The District Treasury Officer, Begusarai

10. The District Accounts Officer, Begusarai

11. The Headmaster Cum Drawing And Disbursing Officer Govt. Primary
School- Meenapur Shahpur, Anchal- Begusarai (South), Distt.- Begusarai

…. …. Respondent/s
======================================================
Patna High Court CWJC No.2485 of 2011 (2) dt.06-09-2011

Appearance :

(In CWJC No.2485 of 2011)
For the Petitioner/s : Mr. Umesh Kumar Mishra
For the Respondent/s : Mr. Ajay Kr.Singh, AC to SC-17

(In CWJC No.4069 of 2011)
For the Petitioner/s : Mr. Umesh Kumar Mishra
For the Respondent/s : Mr. Brishketu Pandey AC to AAG-7

(In CWJC No.6044 of 2011)
For the Petitioner/s : Mr. Umesh Kumar Mishra
For the Respondent/s : Ms. Mohini Kumari AC to SC-14

(In CWJC No.7329 of 2011)
For the Petitioner/s : Mr. Umesh Kumar Mishra
For the Respondent/s : Mr. Gautam Kumar Yadav, AC to SC-3

(In CWJC No.11321 of 2011)
For the Petitioner/s : Mr. Umesh Kumar Mishra
For the Respondent/s : M/s. G.K. Agrwal GA-10 & Arif Daula
Siddiqui, AC to GA-10

(In CWJC No.11334 of 2011)
For the Petitioner/s : Mr. Umesh Kumar Mishra
For the Respondent/s : M/s. Jaishankar Barnwal SC-1 & Kundan
Kumar,AC to SC-1

(In CWJC No.11337 of 2011)
For the Petitioner/s : Mr. Umesh Kumar Mishra
For the Respondent/s : Mr. Madhukar Mishra, AC to GA-9

(In CWJC No.11454 of 2011)
For the Petitioner/s : Mr. Umesh Kumar Mishra
For the Respondent/s : Mr. Binay Kumar, AC to GP-13

(In CWJC No.11467 of 2011)
For the Petitioner/s : Mr. Umesh Kumar Mishra
For the Respondent/s : Mr. Subash Sharma, AC to GP-16

(In CWJC No.12071 of 2011)
For the Petitioner/s : Mr. Umesh Kumar Mishra
For the Respondent/s : Mr. Rajiv Kr. Singh, AC to GA-8

(In CWJC No.12498 of 2011)
For the Petitioner/s : Mr. Umesh Kumar Mishra
For the Respondent/s : Mr. Rajeev Kr. Singh GP-15

(In CWJC No.13095 of 2011)
For the Petitioner/s : Mr. Umesh Kumar Mishra
For the Respondent/s : Mr. Ranjan Kumar, AC to AAG-13
======================================================
Patna High Court CWJC No.2485 of 2011 (2) dt.06-09-2011

CORAM: HON’BLE MR. JUSTICE RAMESH KUMAR DATTA

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA)

2. 06-09-2011 Heard learned counsel for the petitioners and

learned counsels for the State.

Learned counsel for the petitioners submits that an

identical matter has been disposed of by this Court in CWJC

No. 20420/2010 (Bechan Prasad Singh Vs. The State of

Bihar & ors.) by order dated 18.7.2011 with a direction that

the petitioner of that case shall file a fresh representation

stating all the facts and annexing the order dated 1.5.1995 of

this Court passed in CWJC No. 3633/1994 (Yogendar Raut

Vs. The State of Bihar & Ors.) and other similar orders

along with a copy of the said order and the District

Programme Officer (Establishment) shall consider and

dispose of the same within a period of two months. He seeks

similar direction in the present batch of writ petitions.

In the above circumstances, the present writ

petitions are also disposed of in terms of the order dated

18.7.2011 passed in CWJC No. 20420 of 2010. Let the

petitioners file fresh representations along with a copy of

this order, and the same shall be disposed of as directed in
Patna High Court CWJC No.2485 of 2011 (2) dt.06-09-2011

the order dated 18.7.2011.

(Ramesh Kumar Datta, J)
S.Pandey/-