Vijay Kumar Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2392 of 2024 ====================================================== 1.

Vijay Kumar Ojha S/o Bal Bir Ojha Vill- Badka Singanpura, P.S.- Paigambarpur, District- Buxar, Pin Code- 802120 2.

Ajay Shankar Tiwari S/o Triveni Nath Tiwari Badka Singanpura, P.S.- Dubauli Mahesh, District- Buxar, Pin Code- 802120 3.

Depu Prasad S/o Lalam Prasad, Badka Singanpura, P.S.- Paigambarpur, District- Buxar, Pin Code- 802120 ... ... Petitioner/s

Versus

1.

The State of Bihar through Director, Secondary Education, (Sanskrit) Government of Bihar, Patna.

2.

The Special Director Secondary Education Sanskrit, Government of Bihar, Patna.

3.

The Bihar Sanskrit Siksha Board, through its Secretary having its office at East Boring Canal Road, Patna.

4.

The Chairman, Bihar Sanskrit Siksha Board, East Boring Canal Road, Patna. 5.

The Secretary, Bihar Sanskrit Siksha Board, East Boring Canal Road, Patna. 6.

Shri Sanatan Dharm Sanskrit High School, Badka Singanpura, Buxar, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sriram Krishna Mr. Amarjeet For the Respondent/s :

Mr. Government Pleader 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-04-2024 Heard the parties.

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 2015 decided on 27.03.2019 whereby the Memo, dated August,

Patna High Court CWJC No.2392 of 2024(2) dt.08-04-2024 2/2 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/4 and the Resolution of the Education Department dated 31.08.2013 (Annexure-P/3) is hereby quashed.

5. This writ petition, is accordingly, allowed with all consequential benefits.

(Anjani Kumar Sharan, J) anand/- U