Gariya Baluwa, P.S. K. Nagar, District- Purnea vs Government Of Bihar, Patna

Patna High Court CWJC No.21536 of 2012 (3) dt.10-12-2013 2 Kurron No. 2, P.S. Dhamdaha, District- Purnea

26. Pranav Kumar Singh S/O Shree Ram Krishan Singh Resident Of Village- Bhurkunda, P.S. Bhawanipur, Rajdham, District- Purnea

27. Dilip Kumar Sharma S/O Late Sakadeep Sharma Resident Of Village- Bhurkunda, P.S.- Bhawanipur Rajdham, District- Purnea

28. Vikash Sharma S/O Shakal Deep Sharma Resident Of Village- Bhurkunda, P.S. Bhawanipur Rajdham, District- Purnea

29. Raj Kumar Sharma S/O Shyamanand Sharma Resident Of Village- Raghunathpur, P.S. Bhawanipur, District- Purnea

30. Amitabh Kumar S/O Shri Murlidhar Jaiswal Resident Of Village- Kushah, P.O.- Jawe, P.S. Bhawanipur, District- Purnea

31. Gajendra Prasad Mandal S/O Shree Arjun Prasad Mandal Resident Of Village- Barhari, P.S. Bhawanipur, District- Purnea

32. Rupesh Kumar Jha S/O Devendra Jha Resident Of Village- Kukron No. 2, P.S. Dhamdaha, District- Purnea

33. Laiqur Rahman S/O Yaquanul Haque Resident Of Village + P.O. Rangpura, P.S.- Murganj, District- Purnea

34. Ritesh Kumar Thakur S/O Awadh Narayan Thakur Resident Of Village- Khajha, P.S. Mirganj, District- Purnea

35. Sk. Zlauddin Resident Of Village- Rangpura, P.S. Mirganj, District- Purnea

36. Bhola Mandal S/O Saryug Mandal Resident Of Village- Milki, P.O. Rangpura, P.S. Mirganj, District- Purnea

37. Deepak Kumar S/O Shalendra Prasad Yadav Resident Of Village- Lita, P.O. Shripur, P.S. Bhawanipur, District- Purnea

38. Keshore Kumar S/O Shalendra Prasad Yadav Resident Of Village- Lita, P.O. Sharipur, P.S. Bhawanipur, District- Purnea

39. Awdhesh Kumar Mandal S/O Arbind Kumar Mandal Resident Of Village- Shripur, P.S. Bhawanipur, District- Purnea

40. Pawan Thakur S/O Sumrit Thakur Resident Of Village + P.O. Gulea, P.O. Aurahi Govindpur, P.S. B. Kothi, District- Purnea

41. Manoj Kumar S/O Nawal Kishore Choudhary Resident Of Village- Aurahi Govindpur, P.S. B. Kothi, District- Purnea

42. Hardev Mndal S/O Shyam Sundar Mandal Resident Of Village- Patrahabasa, P.S. B. Kothi, District- Purnea

43. Ram Krishna Mandal S/O Jaydeo Mandal Resident Of Village- Patrahabasa, P.S. B. Kothi, District- Purnea

44. Kanhaiya Lal S/O Ramdeo Mandal Resident Of Village- Patraha Maldiha, P.S.- B. Kothi, District- Purnea

45. Apurva Kumar S/O Birendra Narayan Chand Resident Of Village- Laxmipur, P.S. B. Kothi, District- Purnea

46. Ranjan Kumar S/O Faudari Lal Yadav Resident Of Village- Mahikhand, P.O. Laxmipur Bisharia, P.S. B. Kothi, District- Purnea

47. Vijay Kumar Bharti S/O Shiv Narayan Mandal Resident Of Village- Bahdura, P.S.- Rupauli, District- Purnea

48. Birendra Kumar S/O Ramawtar Mandal Resident Of Village- Laxmipur Girdhar, P.S. Rupauli, District- Purnea

49. Rajesh Kumar Nirala S/O Nageshwar Pandit Resident Of Village- Shrimata, P.S.- Tikapatti, District- Purnea

50. Manoj Kumar Sah S/O Kishan Lal Sah Resident Of Village- Harrahi, P.S. Dagarua, District- Purnea

51. Arun Kumar Bishwas S/O Nand Lal Bishwas Resident Of Village- Patna High Court CWJC No.21536 of 2012 (3) dt.10-12-2013 3 Harrahi, P.S. Mohammadia, District- Purnea

52. Dilip Kumar Yadav S/O Narayan Lal Yadav Resident Of Village- Gerki, P.S. Mohammadia, District- Purnea

53. Prashant Kumar Bishwas S/O Shobha Lal Bishwas Resident Of Village- Kochaaili Dagarua, District- Purnea

54. Sanjay Kumar Goswami S/O Umanand Goswami Resident Of Village- Jageli, P.S.- K. Nagar, District- Purnea

55. Gopal Kumar Mehta S/O Fatkan Prasad Azad Resident Of Village- Gariya Baluwa, P.S. K. Nagar, District- Purnea

56. Rajeev Kumar S/O Bhagwat Prasad Chouhan Resident Of Village- Gariya Baluwa, P.S. K. Nagar, District- Purnea .... .... Petitioner/s

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

3. The Director, Primary Education, Human Resources Development Department, Govt. Of Bihar, Patna

4. The District Magistrate, Purnea 5. The District Education Officer-Cum-District Programme Officer, Purnea

6. The Block Education Extension Officer, Amour, District- Purnea 7. The Block Education Extension Officer, Dagarua, District- Purnea 8. The Block Education Extension Officer, Kasba, District- Purnea 9. The Block Education Extension Officer, Bhawanipur, District- Purnea 10. The Block Education Extension Officer, Dhamdaha, District- Purnea 11. The Block Education Extension Officer, Barhara Kothi, District- Purnea

12. The Block Education Extension Officer, Rupauli, District- Purnea 13. The Block Education Extension Officer, Shree Nagar, District- Purnea .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Subodh Kr. Jha, Adv. Mr. Sarveshwar Tiwari, Adv. For the Respondent/s : Mr. G.K. Agrawal, GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 3 10-12-2013 Learned counsel for the petitioners submits that the case in hand of the petitioners, seeking following relief:- “----- for directing and commanding respondents to regularize/absorb or re-designate the petitioners from the post of Shiksha Swayamsewak/teacher Patna High Court CWJC No.21536 of 2012 (3) dt.10-12-2013 4 on the post of Panchayat Shikshak or equivalent to the same with all service benefits, as all the petitioners have duly been appointed by the competent authorities after adopting all the procedure for appointment such as advertisement, interview, merit then got respective training and working on the post of Shiksha Swyam Sewak the date of their respective appointment and got their regular salary/honorarium giving them all similar benefits which had been provided to the person initially appointed on the post of Shiksha Mitra/Panchayat Shikshak/Prakhand Shikshak along with petitioners regularized/absorbed on the said post of Panchayat Shikshak/Prakhand Shikshak in the different part of the State of Bihar ignoring the claim of the petitioners which nonetheless attracts the Article 14 of the Constitution of India and further for a direction upon the respondents to pay the regular salary/honorarium to the petitioners a the work of Shiksha Swayamsewak/teacher is perennial in nature to achieve the goal of right to education as enumerated under the directive principle of State which is being implemented by the State for the ends of justice and equity-----” is squarely covered by an order of this Court dated 21.3.2012 in CWJC No. 14493 of 2008 and its analogous cases and as such, should be disposed of in the same terms. Learned counsel for the State, on the other hand, has submitted that the post of Shiksha Swyam Sewak, as the terminology itself would suggest, is not a government post, and as such, the writ application is wholly misconceived. Patna High Court CWJC No.21536 of 2012 (3) dt.10-12-2013 5 Considering the fact that such an observations were made in the aforementioned order dated 21.3.2012 in CWJC No. 14493 of 2008 and its analogous cases, this Court would leave the petitioners with the same remedy of approaching the respondents for ventilation of their grievance raised herein. With the aforementioned observations, this application