Patna High Court
Ram Suresh Ram vs The State Of Bihar on 9 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7239 of 2021
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1. Ram Suresh Ram Son of Shiv Jank Ram, R/o Village- Bara Basantpur,
Mahakampur, Post - Daulatpur, P.S. Ara Mufassil, District - Bhojpur.
2. Ramakant, Son of Sudama Choudhary, R/o Village - Sarosher, P.S. - Dinara,
District - Rohtas.
3. Om Prakash Singh, Son of Ghyanshyam Singh, resident of Village- Bauliya
Nuranganj, P.S. - Sasaram, District - Rohtas.
4. Babu Chand Ram, Son of Shipahi Ram, Resident of Village - Kirhindi, P.S.
Shivsagar, District - Rohtas.
5. Shanti Devi, Wife of Munna Ram, Resident of Village - Datauna, P.S. -
Nokha, District - Rohtas.
6. Urmila Devi, Wife of Gurucharan Ram, Resident of Village and Post -
Rophattha, P.S. Nokha, District - Rohtas.
7. Manorma Devi, Wife of Lalita Choudhary, Resident of Village and Post -
Habibi, P.S. - Nokha, District - Rohtas.
8. Binda Devi, Wife of Mauji Lal Rai, Resident of Village - Parwa, P.S. -
Nokha, District - Rohtas.
9. Kaushalya Devi, Wife of Hari Mohan Singh, Resident of Village- Kone, P.S.
- Nokha, District - Rohtas.
10. Haribansh Rai, Son of Tileshwar Rai, Resident of Village - Charampura, P.S.
- Nokha, District - Rohtas.
11. Deepak Kumar, Son of Ganesh Mahto, Resident of Village - Bauliya Nooran
Ganj, P.S. - Sasaram, District - Rohtas.
12. Ashok Kumar, Son of Sant Prasad Singh, Resident of Village and Post -
Chourdiha, P.S.- Kargarhar, District - Rohtas.
13. Lilawati Kumari, Wife of Radha Prasad, Resident of Village- Mathiya, P.S. -
Dinara, District - Rohtas.
14. Manoj Kumar Singh, Son of Keshwar Sah, Resident of Village - Penar, P.S.
Nokha, District - Rohtas.
15. Abhay Kmar Singh, Son of Akhileshwar Singh, Resident of Village and
Post- Barao, P.S.- Nokha, District - Rohtas.
16. Kailash Ram, S/o Shiv Narayan Ram, Resident of Village - Babuganj, P.O.-
Pagleja, P.S. - Akaudha Gola, District - Rohtas.
17. Brija Kumari, Sipahi Singh, Resident of Village - Sisirit Tola, P.O.- Sisirit,
P.S. Nokha, District - Rohtas.
18. Umesh Kumar Singh S/o Ram Karan Singh, Resident of Village- Rupi, P.O.
- Akaudha, P.S. Dinara, District - Rohtas.
19. Lal Bihari Ram, S/o Rameswar Ram, Resident of Village and P.O. - Baranw,
P.S. Nokha, District - Rohtas.
Patna High Court CWJC No.7239 of 2021 dt.09-02-2022
20. Madan Ram, S/o Ram Samujh Baitha, Resident of Village - Bisunpura, P.O.
Baranw, R.S.- Nokha, District - Rohtas.
21. Nandu Prasad, S/o Bhagaru Ganpati, Resident of Village - Raghunathpur,
P.O. - Bhaluari, P.S. Nokha, District - Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Old Secretariat, Patna.
2. The Principle Secretary, Department of Human Resources Development
Bihar, Patna.
3. The Principle Secretary Department of Personal and Administrative
Reforms, Patna.
4. The District Education Officer, Rohtas at Sasaram.
5. The Director, Madyamik Shiksha Vidyalaya, Patna.
6. The District Magistrate, Rohtas at Sasaram.
7. The Secretary-cum-Commissioner, Department of Primary and Adult
Education, Government of Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vikalp
For the Respondent/s : Mr. Madanjeet Kumar
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 09-02-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19
pandemic.
In the instant petition, petitioners have prayed for
following relief:-
" (i) That this writ application is being
Patna High Court CWJC No.7239 of 2021 dt.09-02-2022
filed for issuance of writ or writs, order or
orders, direction or directions to command
upon the respondents and give direction and
orders to respondents and give direction and
orders to respondents for appointment or
consider sympathetically to the Anudeshak
of the District and State of Bihar, who have
been retrenched of non-formal Supervisor
and non-formal Instructor and consequently
of closure of scheme in the State of Bihar
the non-formal Supervisor was re-habitate
pursuant to government policy decision
dated 12.01.2010 but when it came to
Instructor as per example non-formal
Instructor they were high and dry and only
then by instant writ proceeding of this writ
and they were done work as non-formal
Instructor and work for since 3 years from
01.04.1994 to 10.07.1997, and they have
trained so direction and order may be given
for adoption in above department or any
other department of the Supervisor."
Aforesaid relief is not supported by legal/statutory
right followed by demand before the competent authority. Thus,
the present petition is not maintainable in the light of Apex
Court's decision in the case of Mani Subrat Jain V. State of
Haryana & Ors. reported in A.I.R. 1977 SC 276.
Accordingly, the present petition stands dismissed
reserving liberty to the petitioners to submit detailed
representation along with judicial pronouncements, if any. If
such representation is submitted within a period of eight weeks
from the date of receipt of this order, in that event, the
Patna High Court CWJC No.7239 of 2021 dt.09-02-2022
concerned respondent is hereby directed to decide the
petitioners' representation at the earliest.
(P. B. Bajanthri, J)
kamlesh/-
AFR/NAFR NA
CAV DATE NA
Uploading Date 15.02.2022
Transmission Date NA
