Allowed

Kumari Anita Singh and Ors. v. The State Of Bihar Through The Principal Secretary, Education Department, Bihar, Patna and Ors.

Patna HC14 Sept 2020MJC/3400/2018

Case brief

AI extract

What is this about?

The Patna High Court allowed a review petition to correct factual errors regarding the disposal date of a related writ case. The court directed the District Programme Officer to compare the petitioners' case with a disposed case from the same batch and extend similar training benefits if applicable.

What did the court decide?

The review petition is allowed; the order in CWJC No. 13619 of 2016 is modified to direct examination by the District Programme Officer for similar treatment including training.

Kumari Anita Singh and Ors. Vs The State Of Bihar Through The Principal Secretary, Education Department, Bihar, Patna and Ors. — Patna HC (2020) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVIEW No.315 of 2019

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Civil Writ Jurisdiction Case No.13619 of 2016

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======================================================

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Kumari Anita Singh, W/O Ram Awadh Singh, Resident of Village- Baghwa, P.O.- Semaria, P.s.- Kateya, District- Gopalganj.

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Jaideep Kumar Pandey, S/O Kamda Nath Pandey, Resident of Village - Jamunha Tola Maheshpur, P.O.- Semaria, P.s.- Kateya, District- Gopalganj.

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Education Department, Bihar, Patna.

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The District Education Officer, Gopalganj.

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The District Programme Officer (Establishment) Gopalganj.

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... ... Opposite Party/s

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======================================================

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with

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Miscellaneous Jurisdiction Case No. 3400 of 2018 In

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Civil Writ Jurisdiction Case No.13619 of 2016

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======================================================

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Kumari Anita Singh W/o Ram Awadh Singh Resident of Village- Baghwa, P.O. Semaria, P.S. Kateya, District- Gopalganj.

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Raghav Rai S/o Ramashray Rai Resident of Village- Niyayat Guriyaw, P.O. Semaria, P.S. Kateya, District- Gopalganj.

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Mithilesh Kumar Mishra S/o Basistha Mishra Resident of Village- Niyayat Guriyaw, P.O. Semaria, P.S. Kateya, District- Gopalganj.

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Jaideep Kumar Pandey S/o Kamda Nath Pandey Resident of VillageJamunha Tola Maheshwpur, P.O. Semaria, P.S. Kateya, District- Gopalganj.

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... ... Petitioner/s

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Versus

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The State Of Bihar Through The Principal Secretary, Education Department, Bihar, Patna and Ors

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Shri Akhileshwar Prasad, District Education Officer, Gopalganj.

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Smt. Punam Choudhary, District Programme OfficerEstablishment, Gopalganj.

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... ... Opposite Party/s

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====================================================== Appearance : (In CIVIL REVIEW No. 315 of 2019) For the Petitioner/s : Mr.Prabhakar Singh, Advocate For the Opposite Party/s : Mr.Ashutosh Ranjan Pandey (AAG 15) (In Miscellaneous Jurisdiction Case No. 3400 of 2018)

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Patna High Court C. REV. No.315 of 2019(6) dt.14-09-2020

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2/3

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For the Petitioner/s : Mr.Prabhakar Singh, Advocate For the Opposite Party/s : Mr.Ashutosh Ranjan Pandey - AAG- 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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6 14-09-2020

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Heard learned counsel appearing on behalf of the petitioners and learned counsel for the State.

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The present review application has been filed for review of the judgment dated 20.3.2018 passed in CWJC No. 13619 of 2016. It is evident from the averments made in the review petition itself that due to lack of proper assistance on behalf of the petitioners, the order dated 20.3.2018 was passed noting that CWJC No. 18505 of 2016 was disposed of on 12.9.2017 which was factually incorrect as the final order was passed only on 1.5.2018.

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In view of the aforesaid position, the Court in exercise of ex debito justitiae inclined to modify the order dated 20.3.2018 passed in CWJC No. 13619 of 2016 to the extent that the District Programme Officer (Establishment) Gopalganj shall examine the case of the petitioner and if the case of the petitioner is found similar to the case of petitioner of CWJC No. 18505/2016 disposed of on 1.5.2018, similar treatment should be extended to the petitioners of this case also including in the matter of training.

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The review petition is, accordingly, allowed and

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Patna High Court C. REV. No.315 of 2019(6) dt.14-09-2020 3/3

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disposed of with modification of the order dated 20.3.2018 to the extent as indicated above.

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In view of the aforesaid, MJC No. 3400/2018 is disposed of with liberty to the petitioners to approach the Court in appropriate proceeding, if the order modified today is not implemented in its letter and spirit.

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(Anil Kumar Upadhyay, J)

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spandey/-

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Kumari Anita Singh and Ors. v. The State Of Bihar Through The Principal Secretary, Education Department, Bihar, Patna and Ors.

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Kumari Anita Singh and Ors. v. The State Of Bihar Through The Principal Secretary, Education Department, Bihar, Patna and Ors.

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