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1984 Supreme(Pat) 234

S.S.SANDHAWALIA, P.S.SAHAY
Mateshwar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s B. C. Ghose, Basudeo Prasad, Ganesh Prasad Singh, Mukteshwar Singh no. 2, Rajendra Prasad Singh, Tej Bahadur Singh, Chandra Shekhar, Shantanu Kumar, Srinandan Prasad Singh & Pramod Kumar Sinha.
For the respondents:M/s K. P. Verma, A. G., with R. N. Roy M/s Mani Lal, S. C. IV, with Madan Mohan Prasad Singh no. 2, J. C. (in C.W.J.C. 4121/83) with Kisto Kumar Gupta, J. C. (In C.W.J.C. 4067/83) Mr. J. P. Shukla, G. P. 2. (In C.W.J.C. 184/84 & 5813/83) M/s Rameshwar Prasad, G. P. 6, with O. P. Agrawal, J. C. (In C.W.J.C. 4858/83) M/s Tara Kant, Jha & Mathura Nath Roy (for intervenor respondent in C.W.J.C. 4067/83).

JUDGMENT :

P. S. Sahay, J. - This JUDGMENT : will govern all the cases which have been heard together and points are also common. In C.W.J.C. No. 4121 of 1983 a prayer has been made to quash Annexure-3 the rules framed by the State under the provisions of the Bihar Act 33 of 1982 (hereinafter referred to as "the Act'). There is also a prayer to quash Annexures-4 and 5, directions issued by the Director of Secondary Education setting out certain terms in the service conditions of the petitioners who are all teachers of School. In C.W.J.C. No. 4067 of 1983 prayer is to declare 5 (a) of the Rules framed by the State Government as illegal and without jurisdiction and for quashing Annexures-4 and 5, the direction given by the Director, as mentioned earlier. In C.W.J.C. No. 3817 of 1983 rule 5 of the Service conditions has been challenged. The service-conditions, so framed, have also been challenged in C.W.J.C. N6. 5313 or 1983. In C.W.J.C. 184 of 1984 the posting of respondent no. 5 as headmaster in place of the petitioner is under challenge. In C.W.J.C. no. 4858 of 1983, prayer has been made for quashing Annexure-1 dated 6.10.1983 by which respondent no. 5 has been posted as headmaster




























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