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2025 DAILYLAW 30749 (PAT)

Prashant Kumar v. The State of Bihar

CWJC/5837/2022 · 2025-02-06

Anjani Kumar Sharan

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5837 of 2022 ====================================================== 1. Prashant Kumar S/o Late Kameshwar Safi R/o Village- Kakraul Uttari, Ward No.11, P.S.- Rahika, District- Madhubani. 2. Lalit Kumar Safi S/o Late Jaleshwar Safi R/o Village- Laxmisagar, P.O.- Bhouara, P.S.- Sadar, District- Madhubani. 3. Shyama Devi W/o Madan Kumar Paswan R/o Village- Baunsi, Kharhara Tol, Tirhuta, District- Madhubani. 4. Soni Devi W/o Laxmi Safi R/o Maharaj Ganj, Ward No.13, P.S.- Town, District- Madhubani. 5. Upendra Malik S/o Bhaju Malik R/o Village- Bhachhi, P.S.- Madhubani, District- Madhubani 6. Rajesh Malik S/o Shriprasad Malik R/o Village- Bathnaha, Ward No.01, P.S. and District- Madhubani. 7. Bhagat Kumar Paswan S/o Subaran Paswan R/o Kharaj, Ward No.01, P.O.- Chhachha, Kharj Dhuria, P.S., District- Darbhanga. 8. Vibhesh Malik S/o Chandra Malik R/o Village- Bathnaha, Ward No.01, P.S.- Fulparas, District- Madhubani. ... ... Petitioner/s Versus 1. The State of Bihar through the Director, Education Department, Govt. of Bihar, Patna. 2. Director, Education Department, Govt. of Bihar, Patna. 3. District Magistrate, Madhubani. 4. District Education Officer, Madhubani. 5. District Welfare Officer, Madhubani. 6. Headmaster, Rajkiya Ambedkar Awasiya Girls High School, Ramnagar, Madhuban. 7. Headmaster, Rajkiya Ambedkar Residential Girls High School, Madhubani. 8. Headmaster, Rajkiya Ambedkar Awasiya High School, Balirajpur, Babubarhi, Madhubani. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Baidya Nath Thakur For the Respondent/s : Mrs. Shilpa Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 5 06-02-2025 Heard learned counsels for the parties. Patna High Court CWJC No.5837 of 2022(5) dt.06-02-2025 2/3 2. The petitioners have approached this Court for the following reliefs:- (i) For directing the District Welfare Officer, Madhubani to regularize the services of the petitioner nos.1 to 4 on the posts of Security Guard and petitioner nos.5 to 8 on the posts of Sweeper in the +2 Rajkiya Ambedkar Residential High School, Balirajpur, Babubarhi, Madhubani with effect from the dates of their appointments with all consequential benefits. (ii) For directing the District Welfare Officer, Madhubani not to disengage the petitioners who are working on contract basis on the posts of Security Guard and Sweeper and substitute other contractual appointees by way of fresh appointments. (iii) For quashing the official order dated 05.10.2021, whereby M/s Grace Security System Private Limited, Patna was selected for making appointments of 3 Security Guards and 4 Sweepers in the subject School, among others, on the basis of outsourcing after cancelling the engagements of the petitioners from their posts as it is fraud on power. (iv) Any other order/direction for which the petitioners are found to be entitled to. 3. Considering the reliefs sought by the petitioners, petitioners are directed to file a detailed representation along with a copy of the supporting judgment of the Apex Court, before the respondent no.2 within a period of four weeks and the respondent no.2 is well advised to consider the case of the petitioners and dispose of the representation of the petitioners after affording an opportunity of personal hearing or through Patna High Court CWJC No.5837 of 2022(5) dt.06-02-2025 3/3 their counsel and pass a reasoned and speaking order in accordance with law and in light of the order passed by the Apex Court within one month from the date of filing of such representation by the petitioners. 4. The respondent no.2 shall be personally held responsible for non-compliance of this order. 5. It is made clear that no coercive action shall be taken against the petitioners till the disposal of the representation filed by them. 6. With the aforesaid directions, this writ application stands disposed of. shikha/- (Anjani Kumar Sharan, J) U