Nityanand Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1687 of 2025 ====================================================== 1.
Nityanand Prasad son of Late Bajrangi Sharma, resident of village and P.O.- Kaswan, district-Jehanabad, Pin Code- 804 429, retired Assistant Teacher, Lakshmi Sangved Sanskrit Primary-cum-High School, Jehanabad 2.
Arvind Kumar son of Sidheshwar Singh resident of Shiv Shakti Nagar, Jodhadih, More Chas, Landmark-Shiv Mandir ke Piche, district-Bokaro (Jharkhand), Pin Code- 827 003, retired Assistant Teacher, Sanskrit Primarycum-High School, Manikpur Tankuppa, Gaya 3.
Arvind Kumar Mishra son of Late Janardan Mishra resident of Ward No. 24, Thakhurbari, district- Jehanabad, Pin Code-804 408, working in the capacity of retired Assistant Teacher, Lakshmi Sangved Sanskrit Primary-cum-High School, Jehanabad 4.
Upendra Kumar son of Late Hira Singh resident of village-Ganiyari, P.O.- Pariyari, P.S.-Kinjar, district- Arwal, Pin Code-804 426, posted at Lakshmi Sangved Sanskrit Primary-cum-High School, Jehanabad 5.
Braj Kishor son of Late Vishamohan Kumar Singh resident of village and P.O.- Dhangawan, district- Jehanabad, Pin Code- 804 408, presently posted and working in the capacity of Assistant Teacher at Lakshmi Sangved Sanskrit Primary-cum-High School, Jehanabad 6.
Smt. Suman Sharma daughter/wife of Late Yamuna Sharma resident of Shri Ram Kunj Apartment, Mahesh Nagar, Road No. 04, P.O.- Keshari Nagar, district- Patna, Pin Code-800 024, presently posted and working in the capacity of Assistant Teacher at Lakshmi Sangved Sanskrit Primary-cumHigh School, Jehanabad 7.
Dr. Indu Devi Kashyap wife of Dr. Surendra Kumar Sunil resident of Venkatesh Sadan, Raja Bazar, P.S. and District-Jehanabad, Pin Code- 804 408, presently posted and working in the capacity of Assistant Teacher at Lakshmi Sangved Sanskrit Primary-cum-High School, Jehanabad 8.
Mukesh Kumar son of Shri Virendra Sharma resident of Shanti Nagar, district- Jehanabad, Pin Code- 804 408, presently posted and working in the capacity of Assistant Teacher at Lakshmi Sangved Sanskrit Primary-cumHigh School, Jehanabad 9.
Satendra Kumar son of Late Shahajanand Sharma resident of villageGainari, P.O.-Pariyari , P.S.-Kinjar, district- Arwal, Pin Code-804 426 presently posted and working in the capacity of Assistant Teacher at Lakshmi Sangved Sanskrit Primary-cum-High School, Jehanabad 10.
Radhe Kant Sharma son of Shri Birendra Sharma resident of villagePrijpura, P.O.-Sikandar pur, Shakurabad, district- Jehanabad, Pin Code-804 425, presently posted and working in the capacity of Assistant Teacher at Lakshmi Sangved Sanskrit Primary-cum-High School, Jehanabad 11.
Niranjan Kumar son of Shre Devendra Sharma resident of village and P.O.- Bhori, Tekari, district- Gaya, Pin Code-824 236, presently posted and working in the capacity of Assistant Teacher at Lakshmi Sangved Sanskrit Primary-cum-High School, Jehanabad 12.
Niraj Kumar son of Late Bharat Sharma resident of village-Vineka, P.O.-
2/6 Panditganj, district- Patna, Pin Code-804 451, presently posted and working in the capacity of Assistant Teacher at Lakshmi Sangved Sanskrit Primarycum-High School, Jehanabad 13.
Malti Devi wife of late Chandeshwari Pd. Sharma Vatsa resident of villageTaregana, P.O.-Masaurhi, district- Patna, Pin Code-804 452, his husband posted at Lakshmi Sangved Sanskrit Primary-cum-High School, Jehanabad 14.
Anil Kumar son of Shri Anant Sharma resident of village and P.O.-Jhunathi, P.S.- Kinjar, district- Arwal, Pin Code-804 426, presently posted and working in the capacity of Principal at Sharda Sanskrit Primary-cum-Middle School, Hajisarai, Kako, Jehanabad 15.
Rakesh Kumar son of Brajendra Sharma resident of Ward No. 4, Raja Bazar, district- Jehanabad, Pin Code-804 408, presently posted and working in the capacity of Principal at Sarda Sanskrit Primary-cum-Middle School Hajisarai, Kako, Jehanabad 16.
Raj Kishor Prasad Singh son of Shri Sant Prasad Singh resident of villageMain, P.O.-Paibigha, district-Gaya, Pin Code-804 424, presently posted and working in the capacity of Assistant Teacher at Lakshmi Sangved Sanskrit Primary-cum-High School, Jehanabad 17.
Bajrangi Kumar son of Shri Shyam Narayan Prasad Singh resident of village and P.O.-Gawai, district- Sheikhpura, Pin Code-811 105, presently posted and working in the capacity of Clerk at Lakshmi Sangved Sanskrit Primarycum-High School, Jehanabad 18.
Dr. Surendra Kumar Sunil son of Shri Siyaram Sharma resident of Venkatesh Sadan, Raja Bazar, district and P.S.-Jehanabad, Pin Code-804 408, presently posted and working in the capacity of Principal at Baldeo Sanskrit Primary-cum- Middle School, Masaurhi, Patna 19.
Kundan Kumar Vats son of Late Chandeshwari Prasad Sharma Vatsa resident of village-Taregnadih, P.O.-Masaurhi, district- Patna, Pin Code-804 452, presently posted at Baldeo Sanskrit Primary-cum-Middle School, Masaurhi, Patna 20.
Deepak Kumar son of late Mithlesh Sharma resident of village-Guljana, P.O.- Arkdhibariya, P.S.-Tekari, district- Gaya, Pin Code-824 236, presently posted and working in the capacity of Clerk at Sankrit Primary-cum-High School, Manikpur Tankuppa, Gaya 21.
Smt. Prema Devi daughter of Shayam Vilas Sharma resident of villageMuradpur Hujra, Baidarabad, district-Arwal, Pin Code- 804 402, presently posted and working in the capacity of Principal at Sankrit Primary-cumHigh School, Daudnagar, Aurangabad 22.
Rakesh Kumar son of Late Ramchandra Sharma resident of village-Kasai, P.O.- Kosdihara, P.S.-Parasbigha, Larsa, district- Jehanbad, Pin Code- 804 408, presently posted and working in the capacity of Assistant Teacher at Sankrit Primary-cum- High School, Daudnagar, Aurangabad 23.
Ramashish singh son of Late Ram Bilas Singh resident of Gujrat Colony, Near Gujrat Bhawan, P.O.-Chas, P.S.-Chas, Bokaro, district- Bokaro, Pin Code-827 013, presently posted and working in the capacity of Assistant Teacher at Sudama Kashi Nath Sanskrit Primary-cum- High School, Singhauli, Dehri, Rohtas
3/6 24.
Dinesh Kumar son of Late Saryu Singh resident of village-Berhna, P.O.- Bedana, P.S.-Badh, district-Patna, Pin Code-803 213, presently posted and working in the capacity of Assistant Teacher at Shree Vanbhatt Sanskrit Primary- cum-High School, Sakri Khurd, Arwal 25.
Ramesh Kumar son of Shree Shravan Kumar resident of village and P.O.- Noawa, P.S.-Shakurabad, Nehalpur, district- Jehanabad, Pin Code-804 429, presently posted and working in the capacity of Assistant Teacher at Madhav Sanskrit Primary-cum-Middle School, Mahrauli, Sakari Khurd, Arwal 26.
Avinash Kumar son of Girijesh Sharma resident of village-Hardiyan, P.O.- Jaipur, P.S.-Mehandia, district- Arwal, Pin Code-804 428, presently posted and working in the capacity of Assistant Teacher at Madhav Sanskrit Primary-cum- Middle School, Mahrauli, Sakari Khurd, Arwal 27.
Tripurari Sharma son of Shri Sudama Sharma resident of village and P.S.- Mehdiyabad, P.O.-Jaipur, district Arwal, Pin Code-804 428, presently posted and working in the capacity of Principal at Madhav Sanskrit Primary-cumMiddle School, Mahrauli, Sakari Khurd, Arwal 28.
Smt. Indresh wife of Rajnitee Singh resident of village and P.O.-Raja Bazar, Krishna Nagar, district- Jehanabad, Pin Code-804 408 presently posted and working in the capacity of Assistant Teacher at Madhav Sanskrit Primarycum- Middle School, Mahrauli, Sakari Khurd. Arwal 29.
Raj Kumar son of Ram Janam Singh resident of Maharauli, P.O.-Sakari Khurd, P.S.-Parasi, district- Arwal, Pin Code-804 428, presently posted and working in the capacity of Assistant Teacher at Madhav Sanskrit Primarycum-Middle School, Mahrauli, Sakari Khurd, Arwal ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Education Department, Bihar, Patna 2.
The Director, Higher Education, Education Department, Government of Bihar, Patna 3.
The District Education Officer, Jehanabad ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhinav Srivastava, Sr. Adv.
Md. Tauseef Waquar, Adv.
Mr. Akshat Kumar, Adv.
For the Respondent/s :
Mr. Government Pleader (07) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-11-2025 Heard Mr. Abhinav Srivastava, learned Senior Advocate for the petitioners and Mr. Vivek Prasad, learned
4/6 Government Pleader No. 7.
2. The petitioners are the retired and working teaching and non-teaching employees of different recognized Sanskrit schools situated in the District of Jehanabad and Arwal have approached this Court seeking a direction upon the concerned respondents under the Education Department of the State Government to take effective steps toward fixing and making payment of salary in favour of the petitioners after revising their salaries upon implementation of the recommendation of 5th and 6th Pay Revision Commission alongwith the penal interest.
3. Learned Senior Advocate taking this Court through the decision rendered by the learned Division Bench of this Court in L.P.A. No. 43 of 2016 and analogous cases, which came to be disposed off on 13.08.2019, submitted that the case of the petitioners are fully covered with the order/judgments, nonetheless, the petitioners have not been allowed the benefits as have been claimed for in the present writ petition.
4. A counter affidavit has been filed on behalf of respondent nos. 1 and 2. In sum and substance bare perusal of the same there is no iota of confusion that the respondent State authorities have accepted the entitlement of the petitioners, however, it has been averred that in order to verify the pay
5/6 fixation of the teaching and non-teaching employees, a pre-audit cell has been constituted and after the verification, the necessary decision regarding the payment shall be done. It is also contended that identically situated persons have approached this Court by filing different writ petitions and their cases have been disposed off in terms with the order of the learned Division Bench referred hereinabove.
5. Learned Advocate for the State has submitted that the pre-audit cell was constituted in the month of February, 2024 and for the present position, he needs further instruction.
6. Having considered the limited grievance of the petitioners and taking note of the stand of the respondent State authorities as there is no denial to the claim of the petitioners, instead of keeping the matter pending, the present writ petition stands disposed off with a direction to the respondent nos. 2 and 3 to look into the grievance of the petitioners for which the petitioners have already filed representation, the copies of which have also been placed on record as Annexure 8 series, and disposed off the same in the light of the order/judgment of this Court dated 13.08.2019 passed in L.P.A. No. 43 of 2016 preferably within a period of 8 weeks from the date of receipt/production of a copy of this order, keeping in mind the
6/6 Bihar State Litigation Policy, especially clause 4(c) thereof, which mandates that the identically situated persons whose grievances/claims are also covered with the order of this Court, they should also be accorded identical benefits.
7. The writ petition stands disposed with the aforesaid observation.
8. It is needless to observe that in case the claim of the petitioners find favour, necessary consequential order must be accorded within the aforesaid period.
(Harish Kumar, J) supratim/- U