IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14179 of 2002 1.CHANDESHWAR SINGH Son of Shri Suraj Singh resident of Village Mohalla Gandhinagar, P.S. District Rohtas ( Sasaram). At present posted as an Assistant Teacher in Govt. Middle School Karbandia, Anchal Sasaram Diostrict Rohtas (Sasaram). 2.Lal Babu Gupta son of Shri Badri Sah, resident of village Lewra, P.O. Jhalkhoria P.S. Nokha, District Rohtas (Sasaram) At present posted as an Assistant teacher in Govt. Middle school Rampur Naresh, Karahgar (East) Anchal Karahgar (East) District Rohtas (Sasaram). 3.Sheo Dayal Chaudhary son of Shri Krishna Chaudhary, resident of village Sukuhi, P.O. Khurhia, P.S. Shivsagar, District Rohtas. At present posted as an Assistant Teacher in Govt. Middle School Pahleza, Anchal Dehri-ii District Rohtas at Sasaram. 4.Ram Pravesh Sah Son of Shri Baidyanath Sah, resident of village+P.O. Telari, P.s. Kudra District Rohtas at Sasaram. At present posted as an Assistant Teacher in Govt. Primary School Sahua, Anchal shivsagar, district Rohtas at Sasaram. 5.Ram Nagina Sharma son of shri Mangru Sharma resident of village Rampur, P.O. Shreekhinda District Rohtas at Sasaram. At present posted as an Assistant Teacher in Govt. Middle school Sikaria, Anchal Sasaram District Rohtas at Sasaram. 6.Rama Shankar Tiwari son of Shri Sudarshan tiwari, resident of village Samardihan, p.O. Pipra, P.S. Karahgar, District Rohtas, Sasaram. At present posted as an Assistant Teacher in Govt. Middle School Patiyan, Anchal Sasaram District Rohtas at Sasaram. 7.Parmeshwar Pratap Son of Shri Suraj Singh resident of mohalla Gandhi Nagar, P.S. Sasaram, District Rohtas at Sasaram. At present posted as an Assistant Teacher in Govt. Middle School Amara Talav, Anchal Sasaram, District Rohtas at Sasaram. 8.Mahendra Kumar Son of Shri Kapil Sharma resident of Village +P.O. Telari, P.S. Kudra District Rohtas at Sasaram. At present posted as an Assistant Teacher in Govt. Middle School Jhalkhoria, Anchal Sasaram District Rohtas at Sasaram. 9.Ram Naresh Chaudhary Son of Shri Yogi chaudhary resident of village Sagar, P.O. Sasaram, P.S. Sasaram, District Rohtas at Sasara. At present posted as an Assistant Teacher in Govt. Primary School Chandanpur, Anchal Shivsagar District Rohtas at Sasaram. 10.Ashok Kumar Rajak son of late Hiralal resident of mohalla Kabirganj, P.O. P.S. Sasaram, District Rohtas. At present posted as an Assistant Teacher in Govt. Middle School Pahleza, Anchal Dehri-ii District Rohtas at Sasaram. 11.Ravindra Nath Son of Shri Dharamraj Sharma resident of village Songawan, P.S. Darigawn District Rohtas. At present posted as an Assistant Teacher in Govt. Middle School Boulia, Anchal Nauhatta District Rohtas at Sasaram. 2 12.Nand Kishore Prasad son of shri Khobhari Prasad, resident of village Barkata, P.S. Darihat, District Rohtas. At present posted as an Assistant Teacher in Govt. Middle school Daranagar, Anchal Nauhatta District Rohtas at Sasaram. 13.Kaildeo Singh son of shri Bigu Singh, resident of village Mathuri, P.S. DEhri District Rohtas at Sasaram. At present posted as an Assistant Teacher in Govt. Primary School khairwa KHurd, Anchal Nauhatta, District Rohtas at Sasaram. 14.Kumari Mamta Dauthter of late Har Narayan Prasad, resident of village Jamsosna, P.s. Dawadh, District Rohtas. At present posted as an Assistant Teacher in Govt. Middle School Daranagar, Anchal Nauhatta District Rohtas at Sasaram. 15.Rajendra Prasad Gupta Son of late Shankar Sah, resident of village Mahabir Asthan, Sasaram P.S. Sasaram, District Rohtas. At present posted as an Assistant Teacher in Govt. Kanya Middle School, Nauhatta. Anchal Nauhatta, District Rohtas at Sasaram. 16.Rajesh Kumar Singh son of late Balkishun Chaudhary, resident of village Padari, P.S. Shivsagar, District Rohtas. At present posted as an Assistant Teacher in Govt. Primary School Nawadih Khurd. Anchal Nauhatta, District Rohtas at Sasaram. 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, Rohtas at Sasaram. 10.The Regional Deputy Director of Education, Patna Division, Patna. 11.The District Superintendent of Education, Rohtas, District Rohtas at Sasaram. 12.The Treasury Officer, Rohtas, District Rohtas at Sasaram. 13.The District Accounts Officer, Rohtas District Rohtas at Sasaram. 14.The Headmasters and Drawing and Disbursing Officers the aforesaid petitioner’s School in the District Rohtas. Through the 3 District Superintendent of Education, Rohtas, District Rohtas (Sasaram). ----------- 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.)