Mritunjay Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1641 of 2024 ====================================================== 1.
Mritunjay Kumar Jha Son of Shri Pramod Jha, Resident of village - Belbhadrapur, Police Station - Bahadurpur, District - Darbhanga. 2.
Amit Kumar Dubey, Son of Shri Chandra Dev Dubey, Resident of Village - Lakshmi Sagar, Police Station - L.N.M.U. Complex, District - Darbhanga. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.
2.
The Principal Secretary, Department of Education, Government of Bihar, Patna.
3.
The Joint Secretary, Education Department, Bihar, Patna. 4.
The Special Director, Secondary Education, Bihar, Patna. 5.
Bihar Sanskrit Shiksha Board, Patna through its Secretary. 6.
The Chairman, Bihar Sanskrit Shiksha Board, Patna. 7.
The District Education Officer, Darbhanga.
8.
The District Programme Officer, Establishment, Darbhanga. 9.
The Managing Committee of Shri Gautam Sanskrit Uchcha Vidyalaya, Ahilyasthan, Ahiyari, Darbhanga, through its Secretary Shri Anil Kumar Ishwar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hemant Kumar Jha For the Respondent/s :
Mr.Standing Counsel (7) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-05-2024 Heard learned counsel for the petitioners and learned counsel for the respondents.
2. Both the counsels agree with this fact that the issue involved in the present writ petition stands finally adjudicated by the Division Bench of this Court in C.W.J.C. No. 15299 of 2015 and connected petitions wherein the Division Bench has relied upon its earlier judgment passed in C.W.J.C. No. 985 of
Patna High Court CWJC No.1641 of 2024(2) dt.06-05-2024 2/2 2015 decided on 27.03.2019 whereby the Memo dated August, 2013, filed by the respondents was quashed. It would be apposite to quote the order passed by the Division Bench on 27.03.2019 in C.W.J.C. No. 15299 of 2015:
"These five writ petitions related to the claim of salary by such teacher who are appointed in Sanskrit Schools and who claim to have been recognized prior to 15.02.2011 and are amongst the 531 schools who were on the grant-in-aid list prior to the aforesaid date. These petitioners have also been deprived of the benefits to which they were entitled by the impugned resolution dated 31st August, 2013 which has already been quashed by us today to the extent indicated in our judgment in C.W.J.C. No. 985 of 2015 and, therefore, the petitioners would also be entitled to the same benefits on the same terms."
3. In view of the above, the petitioner too would be entitled to the regular pay scale as he was appointed as Sanskrit School Teachers, which was recognized prior to 15.02.2011.
4. Accordingly, Annexure-P/5 and Clause 6 of the Resolution of the Education Department dated 31.08.2013 (Annexure-P/4) is hereby quashed.
5. This writ petition, is accordingly, allowed with all consequential benefits.
(Anjani Kumar Sharan, J) devendra/- U