Prawir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1788 of 2025 ====================================================== 1.

Prawir Kumar S/o Late Pramanand Kesri, R/o Village Hansda, P.O. Gulabbag Purnea, P.S. Sadar Purnea, District Purnea. 2.

Subhash Kumar Suman S/o Late Fanilal Yadav, R/o Village NH-31 Maranga, P.O. Maranga, P.S. K. Halt, District Purnea. 3.

Inamul Haque, S/o Late Abdus Subhan, R/o Village Chhatia, P.O. Bhogabhadgama, P.S. Muffasil Ranipatra, District Purnea. ... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Director, Primary Education, Education Department, Govt. of Bihar, New Secretariat, Patna.

4.

The District Magistrate, Purnea.

5.

The District Education Officer, Purnea.

6.

The District Programme Officer (Establishment), Purnea. 7.

The Block Development Officer, Purnea East, Dist. Purnea. 8.

The Block Education Officer, Purnea East, Dist. Purnea. 9.

The Panchayat Secretary-Cum Secretary Panchayat Employment Unit, Gram Panchayat Raj, Bikrampur, Block Purnea East, Dist. Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Kumar, Advocate For the Respondent/s :

Mr. Standing Counsel (24) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-02-2025 Heard Mr. Shashi Bhushan Kumar, learned counsel appearing on behalf of the petitioners and learned SC-24 for the State.

2. The petitioners in paragraph no. 1 of the present writ petition have sought inter alia following relief(s), which is

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"i. To direct the respondent authority for grant the trained scale to the petitioners with effect from date on which junior to the petitioners has been granted trained scale as result of training published on same day. ii. To further direct the respondent authority to pay the arrear of salary as well as current salary with effect from the completion of training session. And/or other appropriate relief(s) as per the facts and circumstances of the case."

3. Learned counsel appearing on behalf of the petitioners submitted that petitioners no. 1 and 2 were appointed in the year 2009 and petitioner no. 3 was appointed in the year 2007 on the post of Panchayat Teacher in Gram Panchayat Raj Bikrampur, Block- Purnea East, District- Purnea. Learned counsel further submitted that petitioners are aggrieved by the action of the District Programme Officer (Establishment), Purnea, who was required to send the name of the petitioners for Open Distance Learning Training for undergoing Diploma in Elementary Education, but he has discriminated the petitioners by sending the name of Panchayat Teachers, who were appointed much after the petitioners, for training and they have been made senior to the petitioners after having obtained the training and their pay-scale has also been enhanced. Learned counsel has relied on the order/judgment dated 05.12.2018 passed by this Court in CWJC No. 9707 of 2015 and order dated 09.08.2019 passed by this Court in CWJC No. 16165 of 2019

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4. Considering the aforesaid submission made on behalf of the petitioners, as well as, the fact that petitioners no. 1 and 2 were appointed in the year 2009 and petitioner no. 3 was appointed in the year 2007, corrective measures should be taken in case of the petitioners for granting them similar relief(s) as has been granted to the petitioners of the aforementioned writ petitions. In case, the Panchayat Teachers, who were appointed much after the petitioners, had undergone the training for the relevant academic year, to which the petitioners were also required to be sent but failure on the part of the respondents will not defeat the rights of the petitioners.

5. The representation of the petitioners, if any filed, is required to be disposed of by passing a reasoned order in respect of the individual petitioners on the basis of required documents, expeditiously in accordance with law.

6. With aforesaid observation(s)/direction(s), the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/- U

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