IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13747 of 2002 1. BIBEKANAND PATEL son of Shri Bhuneshwar Mandal at present posted as an Assistant Teacher in Primary School Yogiyatilha Chandramandi, Anchal- Chandramandi District- Jamui. 2. Veer Abhimanyu Prasad Vikram son of Shri Rameshwar Mandal, at present posted as an Assistant Teacher in Primary School Dalanidih Anchal- Chakai, District- Jamui. 3. Md. Kamaruddin son of Mohammad Shamsuddin, at present posted as an Assistant Teacher in Primary School Noniatari, Anchal- Chandra-Mandi, District- Jamui. 4. Arun Kumar Singh son of Shankar Prasad Singh, at present posted as an Assistant Teacher in Primary School Akatara, Anchal- Chakai, District- Jamui. 5. Mukesh Kumar son of Nand Kishore Mandal, at present posted as an Assistant Teacher in Primary School Terukha Sono, Anchal Nawadih, District Jamui. 6. Shankar Mandal son of Ram Das Mandal, at present posted as an Assistant Teacher in Primary School Barmasia Anchal- Chandramandi District- Jamui. 7. Ashutosh Kumar son of Shri Krishna Mohan, at present posted as an Assistant Teacher in Primary School, Naudih, Anchal- Chakai District- Jamui. 8. Parmanand Das son of late Madhusudan Das, at present posted as an Assistant teacher in Middle School Saraun Anchal- Chakai, District- Jamui. 9. Vidya Bhushan Prasad son of late Mahabir Mandal, at present posted as an Assistant Teacher in Primary School Belatand, Anchal Chandramandi, District- Jamui. 10. Sujit Kumar son of Shri Nemolal Yadav, at present posted as an Assistant Teacher in Primary School Dhamania, Anchal- Chandramandi, District- Jamui. 11. Adhik Prasad Sah son of Prasad Sah at present posted as an Assistant Teacher in Primary School Vakshila, Anchal- District- Jamui. 12. Lakhshmi Yadav son of Shri Durayadhan Yadav, at present posted as an Assistant Teacher in Primary School Thakursair, Anchal District Jamui. 13. Nemnarain Das son of Shri Hubi Das at present posted as an Assistant Teacher in Primary School Tahkar Sono, Anchal- District- Jamui. 14. Deepak Kumar son of Shri Arjun Paswan, at present posted as an Assistant Teacher in Primary School Kharik (Sono) Anchal- Sono District Jamui. 15. Parmanand Rajak son of late Jagdish Rajak at present posted as an Assistant Teacher in Middle School Bujhayat Sono, Anchal- Sono District- Jamui. … Petitioners. 2 Versus 1. THE STATE OF BIHAR 2. The Commissioner and Secretary, Finance Department, Govt. 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, Govt. of Bihar Old Secretariat, Patna. 5. Shri Rameshwar Singh, Additional Finance Commissioner (resources) Finance Department, Government of Bihar, Old Secretariat, Patna. 6. The Deputy Secretary, Finance Department, Govt. of Bihar, Old Secretariat, Patna. 7. The Secretary, Primary and Adult Education, Bihar, Patna. 8. The Director Primary and Adult Education, Bihar, Patna. 9. The District Education Establishment Committee through its Chairman, the District Magistrate, Jamui, District Jamui. 10. The Regional Deputy Director of Education, Munger, District Munger. 11. The District Superintendent of Education, Jamui, District Jamui. 12. The Treasury Officer, Jamui. District Jamui. 13. The District Account Officer, Jamui, District Jamui. 14. The Headmaster of the petitioners’ School All the Drawing and Disbursing Officer of the aforesaid petitioners’ in District Jamui, through the District Superintendent of Education, Jamui, District Jamui. .. respondents With CWJC No.13860 of 2002 1. SANJEEV KUMAR JAISWAL, an Assistant Teacher, son of Kameshwar Prasad Jaiswal, Middle School Hasanpur Surat, District- Samastipur. 2. Madhukar Kumar, an Assistant Teacher, son of Raj Kishore Mishra, Middle School Sultanpur (East) Mohiuddin Nagar, District Samastipur. 3. Arun Kumar, an Assistant Teacher, son of Ramchandar Paswan, Girls Primary School Chakpahar, District- Samastipur. 4. Ram Pravesh Thakur, an Assistant Teacher, son of Binda Prasad Thakur, Primary Girls Ramgama, District- Samastipur. 5. Arbind Prasad Sah, an Assistant Teacher son of Ramsagar Sah, Primary School Chak Sikandara (West), District- Samastipur. 6. Dipak Kumar, an Assistant Teacher, son of Jitendra Nath Rai, Middle School Hasanpur Surat, District- Samastipur. 7. Priya Ranjan Das Ranjan, an Assistant Teacher , son of Ramnandan Sah, Primary School, Rajbara, District- Samastipur. 3 8. Devendra Paswan, an Assistant teacher, son of Shibalak Paswan, Primary School Anandpur, District- Samastipur. 9. Ram Sudhin Singh, an Assistant Teacher , son of Jhamman Singh, Primary School Banbira, dist. Samastipur. 10. Radhakrishan Thakur, an Assistant Teacher, son of Tulsi Thakur, Government Primary School (Girl’s) Simari, Dalsinghsarai, District- Samastipur. 11. Krishandeo Rai, an Assistant Teacher , son of Anupi Rai, Primary School Chandpur, District Samastipur. 12. Suresh Kumar, an Assistant Teacher, son of Radheshwar Mahto, primary school Kamtaul, District-Samastipur. 13. Renu Kumari, an Assistant Teacher , d/o Radheshwar Mahto and wife of Amresh Kumar, Primary School, Dharampur, District-Samastipur. 14. Mahesh Chandra Thakur, an Assistant Teacher, son of Baleshwar Thakur, Primary School Shah Alampur Patori, District- Samastipur. 15. Chandra Mohan Mahto, an Assistant Teacher, son of Ladulal Mahto, Primary school Manianpur, District Dalsingsarai, District- Samastipur. 16. Subodh Kumar Ram son of Nagina Ram, Primary School Bakarpur, Prakhand Mohinddin Nagar , District- Samastipur. … Petitioners. Versus 1. THE STATE OF BIHAR 2. The Secretary-cum-Commissioner, Finance Department, Govt. of Bihar, New Secretariat, Patna. 3. The Secretary-cum-Commissioner, Primary Education, Government of Bihar, New Secretariat, Patna. 4. Director, Primary Education, Government of Bihar, New Secretariat, Patna. 5. The Special Secretary, Finance Department, Government of Bihar, New Secretariat, Patna. 6. The Deputy Secretary, Finance Department, Government of Bihar, Old Secretariat, Patna. 7. The District Superintendent of Education, Samastipur. 8. The Regional Deputy Director of Education, Samastipur. … Respondents. With CWJC No. 14034 of 2002 1. Jay Prakash Jyoti, S/o Sri Kusheswar Paswan, At present posted as an Assistant Teacher in Primary School, Mobarakpur, Anchal Begusarai North, Distt. Begusarai. 4 2. Yaswant Kumar Deepak, S/o Sri Reevan Das, At presented posted as an Assistant Teacher in Primary School, Muradpur, Anchal Beerpur, Distt. Begusarai. 3. Bhawesh Kumar Tudu, S/o Sri Bhagwan Tudu, At present posted as an Assistant Teacher in Primary School, Chaptha Chaki, Anchal, Anchal Bachchwara (West), Distt. Begusarai. 4. Anil Rajak, S/o Sri Ram Charitra Rajak, At present posted as an Assistant Teacher in Urdu Primary School Saray Noor Nagar, Bachchwara (East), Anchal Bechchwara, Distt. Begusarai. 5. Ramendra Kumar Raman, S/o Sri Ramawtar Paswan, At present posted as an Assistant Teacher in Primary School, Dakshin Tol, Bhagwati Sthan Lakho, Anchal Begusarai (South), Distt. Begusarai. 6. Priya Ranjan Kumar, S/o Sri Ramjee Mochi, At present posted as an Assistant Teacher in Primary School Mubarakpur, Anchal Begusarai (North), Distt. Begusarai. ---------- Petitioners Versus 1. The State of Bihar. 2. Commissioner and Secretary, Finance Department, Govt. of Bihar Old Secretariat, Patna. 3. The Commissioner and Secretary, Human Resources Development Department, Govt. of Bihar, new Secretariat, Patna. 4. The Special Secretary, Finance Department, Govt. of Bihar Old Secretariat, Patna. 5. The Additional Finance Commissioner ( Resource) Finance Department, Govt. of Bihar, Old Secretariat, Patna. 6. The Deputy Secretary, Finance Department, Govt. of Bihar, Old Secretariat, Patna. 7. The Secretary, Primary Education, Department, Bihar, Patna. 8. The Director, Primary Education, Bihar, Patna 9. The District Education Establishment Committee through its Chairman, District Magistrate, Begusarai. 10. The Regional Deputy Director of Education, Munger. 11. The District Superintendent of Education, Begusarai. 12. The District Accounts Officer, Begusarai. 13. The Treasury Officer, Begusarai. 14. The Headmaster of Middle Schools. All Drawing and Disbursing Officer of the aforesaid petitioners, Distt. Begusarai. .. Respondents. With CWJC No. 13997 of 2002 1. MANOJ KUMAR SINGH son of late Maheshwar Prasad Singh, resident of village + P. O. Bhadaura, P. S. Haweli Kharagpur, District.Munger. At 5 present posted as an Assistant Teacher in Primary School Kanya Ramchandradih, Anchal- Chakai, District jamui. 2. Om Prakash Azad son of Shri Jugal Kishore Prasad, resident of village Durgapur, P. O. Kamargama, P. S. Sangrampur, Distt. Munger. At present posted as an Assistant Teacher in Middle School Batawar, Anchal- Chakai, District Jamui. 3. Ravindra Kumar Singh son of Late Saryug Singh resident of village + P.O. Bhadaura, P. S. Haweli Kharagpur, District Munger. At present posted as an Assistant Teacher in Middle School Govindpur, Anchal- Jhajha, District Jamui. 4. Pramod Kumar son of Shri N P. Sahu, resident of village / mohalla- Dalhatta Bazar, P. S. + District, Munger. At present posted as an Assistant Teacher in Primary School Kathawara, Anchal Chakai, District Jamui. 5. Shashi Bhushan Mandal son of late Lalit Narayan Mandal, resident of village + P. O. Halimpur, P. S. Naya Ramnagar, District Munger. At present posted as an Assistant Teacher in Middle School Kiyajori, Anchal- Chakai, District Jamui. 6. Rajesh Kumar son of late Narendra Kumar Singh resident of village + P.O. Lal Darwaja (Geeta Babu Road) P. S. Kotwali Munger, District Munger. At present posted as an Assistant Teacher in Middle School Kiyajori, anchal- Chakai, District Jamui. 7. Patel Dharmendra Kumar Singh son of Shri Hari Lal Mandal, resident of village + P.O. Farda (Saryodaya Tola) P.S. Naya Ramnager, District Munger. At present posted as an Assistant Teacher in Primary School Paranchi, Anchal- Chakai, District Jamui. 8. Sanjeev Kumar Suman son of Shri Gajadhar Thakur resident of village Shahpur, P. O. Harpur, P. S. Harpur, District Munger. At present posted as an Assistant Teacher in Primary School Garahi Sautari, Anchal-Chakai, District Jamui. 9. Arun Kumar Das son of Shri Ram Prasad Das, resident of village + P. O. Asarganj, P. S. Asarganj, District Jamui., At present posted as an Assistant Teacher in Primary School Badha, Anchal Chakai, District Jamui. 10. Pradeep Kumar Mandal son of Shri Kishun Mandal resident of village Bindwara Nawtoliya, P. S. Kasim Bazar, District Munger. At present posted as an Assistant Teacher in Primary School Ledwara, Anchal Chandramandi, District Jamui. 11. Mukesh Kumar son of late Satyadeo Singh, resident of village + P. O. Farda (Purwa) P. S. Naya Ramnagar, District Munger. At present posted as an Assistant Teacher in Primary School Manjhaladih, Anchal- Chakai District Jamui. 12. Ashok Kumar Sah son of Shri Basudeo Sah, resident of village Launa, P. O. Launa Parsa, P. S. Tarapur, District Munger. At present posted as an Assistant Teacher in Middle School Kiyajori, Anchal- Chakai, District Jamui. 6 13. Sanjay Kumar Arya son of Shri Loknath Das resident of village Saushalpur, P.O. Prasando P. S. Haweli Kharagpur, District Munger. At present posted as an Assistant Teacher in Primary School Dhawatand, Anchal Chandramandi, District Jamui. 14. Deonarayan Sah son of Shri Sukhdeo Sah, resident of village Purab Bazrr Haweli Kharagpur, P. O. + P.S. Haweli Kharagpur, District Munger. At present posted as an Assistant Teacher in Adarsh Middle School Chakai, Anchal Chakai, District Jamui. 15. Vinod Kumar Gupta son of Shri Nityanand Prasad Gupta, resident of village Mohalla- Mungraura, P.O. Jamalpur, P.S. East Colony, District Munger. At present posted as an Assistant Teacher in Primary School Manjhaladih, Anchal Chakai, District Jamui. 16. Manojendu Bhushan son of late Ramashish Sharma resident of village Babhanchakka, P. O. Kamargama, P.S. Sangrampur, District Munger. At present posted as an Assistant Teacher in Primary School Heth Chakai, Anchal Chakai, District Jamui. 17. Vijay Kumar son of Shri Pramod Kumar, resident of village Dighat P.O. Kaiyar P. S. Sikandra, District Jamui. At present posted as an Assistant Teacher in Kenya Middle School Chakai, Anchal Chakai, District Jamui. 18. Pankaj Kumar son of Shri Hridya Narayan resident of village + P. O. Purushottampur (Chaurgaon) P. S. Asarganj, District Munger. At present posted as an Assistant Teacher in Middle School Kiyajori, Anchal –Chakai, District Jamui. 19. Prabhat Kumar Rashmi son of late Bhagirath Ram, resident of village – Dariyapur Vikrampur, P. O. Jamalpur, P. S. Dharhara District Munger. At present posted as an Assistant Teacher in Primary School Bhalua, Anchal Chandramandi, District Jamui. 20. Anil Kumar son of Shri Rajendra Kumar, resident of village Nirpur, P. O. Bariyarpur P. S. Bariyarpur, District Munger. At present posted as an Assistant Teacher in Primary School Gaganpur, Anchal Chakai, District Jamui. 21. Manoj Kumar son of Shri Ramji Singh resident of village + P. O. Eathari, P.S. Naya Ramnagar, District Munger. At present posted as an Assistant Teacher in Primary School Banpokhara, Anchal Chandramandi, District Jamui. 22. Company Sao, son of late Ghutar Sao, resident of village Kaiyar, P.O. Kaiyar, P. S. Sikandra, District Jamui. At present posted as an Assistant Teacher in Middle School Simariya, Vishnupur, Chakai Anchal Chakai, District Jamui. 23. Mohammad Shamim Akhatar, son of Mohammad Israil Ahamad, resident of village Milky P. O. Gajipur, P. S. Tarapur, District Munger. At present posted as an Assistant Teacher in Primary School Ghutawe, Anchal-Chandramandi, District Jamui. 24. Ajay Kumar son of Shri Bhagwat Prasad Mahto resident of village Hemrapur, P.O. Shivkunth P. S. Dharhara, District Muger. At present posted as an 7 Assistant Teacher in Primary School Govindpur Anchal Chakai, District Jamui. 25. Akhilesh Kumar son of Shri Ram Krishna Prasad resident of village + P. O. Dhanama, P. S.- Aliganj, District- Jamui. At present posted as an Assistant Teacher in Primary School Kakoriya, Anchal- Chandramandi, District- Jaumi. 26. Shashi Shekhar Rana son of Shri Satyadeo Paswan, resident of village + P. O. Badauna, P. S. Haweli Kharagpur, District-Munger. At present posted as an Assistant Teacher in Primary School Pandeydih, , Anchal – Chakai, District Jamui. 27. Shamsher Paswan son of Shri Jawahar Paswan, resident of village + P. S. Gharaghat, P. S. Kharagpur, District Munger. At present posted as an Assistant Teacher in Primary School Malakpur, Anchal Chakai District Jamui. 28. Muneshwar Prasad Singh son of Shri Chhote Ram Lal Prasad, resident of village- Samada P.O.+ P. S. Haweli Kharagpur, District- Munger. At present posted as an Assistant Teacher in Primary School Chitardih, Anchal- Chakai, District Jamui. 29. Ratan Prasad son of late Vimaldeo resident of village Nakkinagar, Keshopur, P. O. Jamalpur, P. S. Jamalpur, District- Munger. At present posted as an Assistant Teacher in Middle School Simaria Vishnupur, Anchal Chakai, District Jamui. 30. Mohammad Mojahidul Islam son of Motiuar Rahman resident of village + P. O. Gajipur, P. s. Tarapur, District Munger. At present posted as an Assistant Teacher in Primary Urdu School Tinchuan, Anchal Chandra Mandi, District Jamui. 31. Masud Alam son of Mohammad Habib, resident of village / Mohalla- Sahjubair Road Shah Colony, P. s. Kotwali Munger, District Munger. At present posted as an Assistant Teacher in Pro. Middle School Bone, Anchal – Chandramandi, District Jamui. 32. Mohammad Ataullah son of Late Mohammad Mustakin , resident of village / Mohalla- Asharafnagar Shahjubair Road Munger, P. S. Kotwali Munger District Jamui. At present posted as an Assistant Teacher in Primary Urdu School Tinchuan, Anchal- Chandramandi, District jamui. 33. Mohammad Khalid Shams son of Shamshul Hasan resident of Mohalla Belan Bazar Munger, P. S. Kotwali Munger, District Munger. At present posted as an Assistant Teacher in primary School Maldahdih, Anchal Chandramandi, District Jamui. 34. Vijay Kumar Singh son of Shri Tilakdhari Singh, resident of village Karukunda, P. O. Parhwara, P. S. Tarapur, Distt. Munger. At present posted as an Assistant Teacher in Primary School Chhappardih Sono, Anchal Sono, District- Jamui. 35. Ajay Kumar son of Shri Pramod Kumar resident of village Dighat, P. O. Kaiyar, P. S. Sikandra, District- Jamui. At present posted as an Assistant Teacher in Middle School Kairakado (Khaira) Anchal Khaira, District Jamui. 8 36. Bharat Kumar son of Shri Krishna Nandan Prasad, resident of village/mohhalla- Raisar P. O. Vasudeopur P. O. Kotwali, District Munger. At present posted as an Assistant Teacher in Primary School Jorwaha Dharampur, Anchal Khaira, District- Jamui. 37. Pranay son of late Balkrishna Prasad, resident of village – Krishna kunj Madhopur Nayatola, P. O. Basudeopur, P. S. Munger, District- Munger. At present posted as an Assistant Teacher in Primary School Mohwadiya, Anchal Chakai, District Jamui. 38. Dharmendra Kumar Choudhary son of Shri Indradeo Choudhary, resident of village Mohalla Raisar, P. O. Basudeopur, P. S. Kotwali, District Munger. At present posted as an Assistant Teacher in Primary School Dhawatand, Anchal Chandramandi, District Jamui. … Petitioners. 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 Secretariat, 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 it’s Chairman, the District Magistrate Jamui, District Jamui. 10. The Regional Deputy Director of Education, Munger Division at Muger. 11. The District Superintendent of Education, Jamui, District Jamui. 12. The Treasury Officer, Jamui, District- Jamui. 13. The District Accounts Officer, Jamui, District- Jamui. 14. The Headmaster of the petitioner’s School All the Drawing and Disbursing Officer of the aforesaid petitioners in District- Jamui, through the District Superintendent of Education, Jamui, District- Jamui. … Respondents. ----------- 3. 30.06.2010 Learned counsel for the petitioners submits that earlier this case was adjourned for disposal of C.W.J.C. No.12331 of 2002. He would inform this Court that 9 C.W.J.C. No. 12331 of 2002 has been disposed of by order dated 17.4.2003, 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 these writ petitions pending will be of no use as whatever order would be passed by the Division Bench in L.P.A. No.412 of 2003 will automatically govern result of these cases. 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. 10 With the aforementioned observations these writ applications are disposed of. kanchan (Mihir Kumar Jha, J.)