IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14180 of 2002 1. SANTOSH KUMAR Son of late Krishna Prasad Mishra, resident of village Shramjeevi Nagar, P.S. Bhagwanpur, District Muzaffarpur. At present posted as an Assistant Teacher in Govt. Primary School Prasadipur, Anchal Hussainganj, District Siwan. 2. Niraj Kumar Ojha sonof late shardanand Ojha, resident of village+P.O. Gamhariya, District Siwan, At present posted as an Assistant Teacher in Govt. Middle School Sankara, Anchal Maharajganj District Siwan. 3. Sanjay Kumar Prasad son of late Gorakh Prasad, resident of village Hassanpurwa Tola Fatulia, District Siwan. At present posted as an Assistant Teacher in Govt. Middle School Pacharukhi, Anchal Siwan District Siwan. 4. Sunil kumar Son of late Ramnath Kunwar, resident of village Harihara, P.s. Meerganj District Gopalganj. At present posted as an Assistant Teacher in govt. Primary School Balwan, anchal Mairwa, District siwan. 5. Kumari Indu Daughter of late Vishwanath Prasad resident of village +P.O. Vishunpura, District Gopalganj. At present posted as an Assistant Teacher in Govt. Middle School Baldiha, Anchal Basantpur-1 District Siwan. 6. Dhruvdeo Mishra son of late Harihar Mishra resident of village +P.O. Kishunpur Mishrauli, P.s. Ziradei, District Siwan. At present posted as an Assistant Teacher in Govt. Primary School Belhi ( West) District Siwan Anchal Aandar, District Siwan. 7. Surendra Singh son of late Sheojee Singh, resident of village Haluwai Pipra, Via Sindhwalia, P.O. Akshaywar Pipra, District Gopalganj. At present posted as an Assistant teacher in govt. Primary School Jagdishpur Anchal Goreakothi-2 District Siwan. 8. Sunil Kumar Singh Son of late Shukdeo Singh resident of village +P.O. Neuri Via Barauli District Gopalganj. At present posted as an Assistant teacher in Govt. Primary School Raghopali, Anchal barraharia district Siwan. 9. Rasul Mian son of Moulvi Mian, resident of village Dhobwalia Kothi, P.O. Jigarahawa, P.S. Maharajganj, Distt. Siwan. At present posted as an Assistant Teacher in Govt. primary School Bela Govindpur, Anchal Darauli, District Siwan. 2 10. Jag Lal Parit @ Jaglal padit son of Shri Chandra Jyoti Parit, resident of village Itahari, P.O. Hahawa, P.S. Maharajganj, District Siwan. At present posted as an Assistant Teacher in Govt. Middle Shool Harsar (East) Anchal Darauli District Siwan. 11. Manindra Kumar Pandey Son of late Brajeshwari Kant Pandey, resident of village Panditpur, P.O. Panditpur, P.S. Janta Bazar, District Saran at Chapra. At Present posted as an Assistant Teacher in Govt. Primary School Pandeypur Girl, Anchal Daraulia, District Siwan. Versus 1. THE STATE OF BIHAR 2. The Commissioner and Secretary, Finance Department, Government of Bihar, Old Secretariat, Patna. 3. The Commissioner and Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Patna. 4. The Special Secretary, Finance Department, Government of Bihar Old Secretariat, Patna. 5. Shri Rameshwar Singh, The Additional Finance Commissioner (Resources) Finance Department, Government of Bihar, Old Secretariat, Patna. 6. The Deputy Secretary, Finance Department, Government of Bihar, Old Secetariat, Patna. 7.The Secretary, Primary and Adult Education, Bihar New Secretariat, patna. 8. The Director, Primary and Adult Education, Bihar, New Secretariat, patna. 9. The District Education Establishment Committee through its Chairman, the District Magistrate Siwan, District Siwan. 10. The Regional Deputy Director of Education, Saran Division, Chapra. 11. The District Superintendent of Education, Siwan, District Siwan. 12. The District Account Officer, Siwan, District Siwan. 13. The Treasury Officer, Siwan, District Siwan. 14. The Headmasters of the petitioners School All the Drawing and Disbursing Officers in the aforesaid petitioners School 3 in the District of Siwan, through the District Superintendent of Education, Siwan. ----------- 3 1/7/2010 Mr. Umesh Kumar Mishra, learned counsel for the petitioners submits that earlier this case was adjourned for disposal of C.W.J.C. No.9050 of 2001. He would inform this Court that C.W.J.C. No.9050 of 2001 has been disposed of by order dated 30.4.2003, whereafter L.P.A. No.412 of 2003 has been filed which is pending with around 100 cases and they are also running under the heading ‘hearing’ in the daily cause list before the Division Bench. Keeping this writ petition pending will be of no use as whatever order passed by the Division Bench in L.P.A. No.412 of 2003 will automatically govern result of this case. It is, however, made clear that as there was already an interim order directing stay of recovery of the amount and that the said order is also continuing in L.P.A. No.412 of 2003 in terms whereof the State Government had also by Letter No.7778 dated 7.10.2003 issued directions to the Controlling Authorities for staying further actions as with regard to recovery, this Court would direct for continuance of such interim order till disposal of L.P.A. No.412 of 2003. It is, however, further made clear that if the Appellate Court in L.P.A. No.412 of 2003 directs for recovery and/or does not allow appeal, it will be open for the respondents to make recovery in accordance with law. 4 With the aforementioned observations this writ application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)