Amrendra Kumar Anurag v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1442 of 2020 ====================================================== 1.

Amrendra Kumar Anurag, aged about 34 years, Male, Son of Shri Prithwi Nath Tiwary, Resident of Village Jigna Tiwari Tola, P.O. and P.S. Rivilganj, District- Saran- 841305, Presently Posted at Upgraded Middle School, Saidpur, Dighwaha, Saran.

2.

Samrendra Kumar Sanjit, aged about 43 years, Male, Son of Shri Parmeshwar Singh, Resident of Village and P.O.- Mane, P.S. Ekma, DistrictSaran- 841205, Presently Posted as Upgraded Middle School Hansrajpur Kala, Baniyapur, Saran (Present), Middle School, Harpur, Baniyapur(East/First).

3.

Ardhendra Kumar Singh, aged about 45 years, Male, Son of Shri Chandreshwar Singh, Resident of Village and P.O.- Dharmpura, P.S. Daudpur, District- Saran- 841201, Presently Posted at Navsrijit Primary School Lakshmipur, Jaitpur, Manjhi, Saran.

4.

Mithilesh Kumar Singh, aged about 34 years, Male, Son of Sri Madan Prasad Singh, Resident of Village and P.O.- Bhithi Sahabuddin, P.S. Baniyapur, District- Saran- 841411, Presently Posted as Upgraded Middle School Aata Nagar, Isuapur, Saran.

5.

Umesh Kumar Singh, aged about 45 years, Male, Son of Sri Prabhunath Singh, Resident of Village- Belkunda,P.O. Kishunpur, P.S. Jatatpur, DistrictSaran- 841412, Presently Posted at Navsrijit Primary School, Makonpur, SC Basti,, Bishunpur, Jalalpur, Saran.

6.

Jitendra Yadav, aged about 33 years, Male, Son of Shri Lakshman Yadav, Resident of Village- Beldari, P.O. Mane, P.S. Daudpur, District- Saran841205, Presently Posted at Upgraded Middle School Nagdiha, Baniyapur, Saran.

7.

Braj Kishore Singh, aged about 44 years, Male, Son of Shri Jhulan Singh, Resident of Village and P.O.- Dev Bahuara, P.S. Marhora, District- Saran841442, Presently Posted at Middle School Amnaur, Saran. 8.

Kumari Renuka Srivastava, aged about 37 years, Female, Wife of Sri Suman Kumar, Resident of Muhalla- Hardan Basulane Lane, P.O. Bhagwanpur Bazar, P.S.- Bhagwan Bazar, District- Saran-841301, Presently Posted at Primary School Pokhar Bhinda, Revari, Jalalpur, Saran. 9.

Jabir Hussain, aged about 38 years, Male, Son of Anis Miya, Resident of Village- Sakari, P.O. Sikatiya P.S. Bhagwanpur, District- Siwan, Pin841244, Presently Posted at Navsrijit Primary School Tathakh Tola Bagauchha, Maharajganj, Siwan.

10.

Sampat Kumar Ram, aged about 32 years, Male, Son of Shri Bhagwan Ram, Resident of Village- Chorauwan, P.S.- Baniyapur, District- Saran, Pin841403, Presently Posted at Upgraded Middle School Manjhauli Baniyapur, Saran.

11.

Archana Kumari, aged about 47 years, Female, Wife of Shri Amitesh Kumar, Resident of Village- Mohan Nagar, Thakur Ojha Gali, Near Sadha Dhala Chhapra, Saran- 841301, Presently Posted as Navsrijit Primary School Mushar Toli Samhota, Jalalpur, District- Saran.

2/4 12.

Amit Ranjan, aged about 27 years, Male, Son of Shri Ravindra Sharma, Resident of Village- Bishwambherpur, P.O. Sutihar, P.S. Derni, DistrictSaran, Pin 841222, Presently Posted as Nav Srijit Primary School Devti, Dariyapur, Saran.

13.

Shahid Afridi, aged about 35 years, Male, Son of Md. Qeyamuddin, Resident of Village- Basahi Chak Hafiz, P.O. Basahi, P.S. Janta Bazar, District- Saran, Pin 841206, Presently Posted at Upgraded Middle School, Sikatiya, Lalji Tola Maharajganj, Siwan.

14.

Jyoti Kumari, aged about 40 years, Female, Wife of Shri Awadh Kishor Prasad, Resident of Ward No. 15, Katra Ratanpura, Near Middle School, Chapra, Saran, Pin-841301, Presently Posted at Middle School Jogani, Parsa Amnour, Saran.

15.

Sanjeev Kumar Singh, Male, aged about 28 years, Son of Ashok Kumar Singh, resident of village and P.O.- Soniya, P.S. Doudpur, District- Saran841205 At present posted at Upgraded Middle School, Kanakpur,Dighwara, Saran.

16.

Ahmad Raza, aged about 37 years, son of Wakeel Ahmad, resident of village- Mashrak East Tola, P.O. + P.S.- Mashrak, District- Saran, At present posted at Middle School Naviganj, Nagar Parishad, Chapra. 17.

Pankaj Kumar Singh, aged about 37 years, Male, son of Shri Prashuram Singh, resident of at + P.O.- Tujarpur, P.S. Khaira District- Saran-841442, presently posted at Primary school, Bangra Bin Toli, Manjhi, Saran. 18.

Deepu Kumari, aged about 29 years, Female, Daughter of Shri Vijay Prasad Gupta, resident of at + P.O.- Kohra Bazar, P.S. Daudpur, District- Saran841205, presently posted at Navsrijit Primary School, Baniyapur, Manjhi, Saran.

19.

Shubh Narayan Singh, Male, aged about 36 years, son of Sri Sarda Nand Singh, resident of village- Govindpur, P.O. + P.S.- Khaira, District- Saran841414, presently posted at Navsrijit Primary School, Bari Dhobwal, Nagra, Saran.

20.

Parmeshwar Manjhi, Male, aged about 30 years, Son of Shri Chotelal Manjhi, Resident of Village + P.O. Madrapur, P.S.- Mashrakh, DistrictSaran-841422, presently posted at Upgraded Middle school, Bhagwanpur, Bhagwanpur Hat, Siwan.

21.

Vinjay Kumar Pandey, Male, aged about 30 years, son of Awadhesh Pandey, Resident of village- Rampur Pandey Tola, P.O. + P.S.- Bhagwanpur Hat, District- Siwan, presently posted at Middle School, Chamanpura, Baikunthpur, Gopalganj.

22.

Vibhu Kumar, Male, aged about 29 years, son os Sriram Singh, Resident of village- Jalpurwa, P.O.- Sahsaraon, P.S.- Bhagwanpur Hat, District- Siwan841408, presently posted at Upgraded Middle School Bansohi Kanya, Bhagwanpur Hat, Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Government of Bihar, Patna.

3/4 2.

The Finance Secretary, Water Resources, Government of Bihar, Patna. 3.

The Director, Primary Education, Government of Bihar, Patna. 4.

The Regional Deputy Director of Education, Saran at Chapra. 5.

The District Education Officer, Saran at Chapra. 6.

The District Programme Officer (Establishment), Biharsharif, Saran at Chapra.

7.

The District Education Officer, Siwan.

8.

The District Programme Officer (Establishment), Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Shekhar Tiwary For the Respondent/s :

Mr.Madhaw Pd. Yadaw (Gp23) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-01-2020 Heard both sides.

The petitioners filed this writ petition for direction/commanding the respondents to ensure immediate payment/extension of trained pay scale from the date of completion of the training programme, i.e., from May, 2017 and not from any other date after that at all.

The learned counsel for the petitioners submits that the petitioners completed the training programme in the year 2017 but the result was declared belatedly. It is submitted that increment should be granted to the petitioners immediately after completion of academic year 2013-15. The course was completed in the year 2017, the examination was held in November, 2018 and thereafter the result was published. Some of the teachers filed CWJC No.16165 of 2019 and this Court by

4/4 order dated 09.08.2019 disposed of the writ petition with direction to the Director, Primary Education to consider the case of those petitioners for grant of increment and other benefits from the date of completion of their training as there were no lapses on the part of the teachers who were sent for training course but even after completion of training the examination was not held immediately and result was also not published in time.

Having considered the submissions of both sides, I dispose of this writ petition with a direction to the Director, Primary Education to consider the case of the petitioners also in the light of direction given by this Court in CWJC No.16165 of 2019 and grant all consequential benefits after completion of training course, in accordance with law.

With the aforesaid direction, this writ petition stands disposed of.

(Prabhat Kumar Jha, J) S.KUMAR/- U