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Patna High CourtCWJC/7222/2018allowed

Shyam Prakash And ORS v. The State Of Bihar And ORS

2018-04-23Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7222 of 2018 ======================================================

1. Shyam Prakash, Son of Late Shriniwas Prasad, Resident of Village+ Police Station- Darauli, District- Siwan. at present posted and working as an Assistant Teacher in Govt. Adarsh Girls Middle School Darauli, Anchal- Darauli, District- Siwan.

2. Kamlesh Kumar, Son of Sri Bishnu Ram, Resident of VillageRepura, Post Office+ Police Station- Ziradeyee, District- Siwan. at present posted and working as an Assistant Teacher in Govt. Middle School Shyampur Bhantapokhar, Anchal- Siwan, DistrictSiwan.

3. Kumar Rajnish, Son of Late Ram Narayan Ram, Resident of Village- Bhatwalia, Police Station- Siwan Muffasil, DistrictSiwan. at present posted and working as an Assistant Teacher in Govt. Primary School Mansha Hata, Anchal- Badaharia, DistrictSiwan.

4. Muktinath Baitha, Son of Late Marai Baitha, Resident of Village- Mahamda Tola, Police Station- Bhagwanpur Hat, District- Siwan. at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Gajiyapur, AnchalBhagwanpur Hat, District- Siwan.

5. Ram Sagar Ram, Son of Sri Chandeshwar Ram, Resident of Village- Bishawania, Police Station- Darauli, District- Siwan. at present posted and working as an Assistant Teacher in Govt. Middle School Done, Anchal- Darauli, District- Siwan.

6. Prem Kumar, Son of Shri Indradeo Yadav, Resident of VillageSheodah, Police Station- G.B. Nagar Tarwara, District- Siwan. at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Surbir, Anchal- Maharajganj, DistrictSiwan.

7. Umesh Kumar Ram, Son of Sri Gulabchand Ram, Resident of Village+ Post Office- Ratan Parauli, Police Station- Bhagwanpur Hat, District- Siwan. at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Hahawan, Anchal- Maharajganj, District- Siwan.

8. Bipin Ram, Son of Late Ram Mangal Ram, Resident of VillageKarahanu, Police Station- Ziradeyee, District- Siwan. at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Jamapur (Hindi), Anchal- Ziradeyee, DistrictSiwan.

9. Subhash Singh, Son of Late Daroga Singh, Resident of Village+ Post Office- Faridpur, Police Station- Hussainganj, DistrictSiwan. at present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Piyaur, Anchal- Hasanpura, District- Siwan.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Principal Secretary, Finance Department, Government of Bihar, Patna.

Patna High Court CWJC No.7222 of 2018(2) dt.23-04-2018 2/3

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

5. The District Education Officer, Siwan.

6. The District Programme Officer (Establishment), Siwan.

7. The Block Education Officer, Siwan, District- Siwan.

8. The Block Education Officer, Badaharia, District- Siwan.

9. The Block Education Officer, Bhagwanpur Hat, District- Siwan.

10. The Block Education Officer, Darauli, District- Siwan.

11. The Block Education Officer, Maharajganj, District- Siwan.

12. The Block Education Officer, Ziradeyee, District- Siwan.

13. The Block Education Officer, Hasanpura, District- Siwan.

14. The District Accounts Officer, Siwan.

15. The District Treasury Officer, Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra For the Respondent/s :

Mr. Madanjeet Kumar-Gp20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-04-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners have filed this present writ application for a direction to the respondents to consider the case of the petitioners for granting benefit of pay scale treating the petitioners to have passed in the first attempt. The issue raised in the present writ application was considered in LPA No. 756 of 2015 and the Division Bench has approved the decision rendered by a coordinate Bench of this court in C.W.J.C. No. 6139 of 2007.

In view of the above, the writ petition is also allowed in the manner C.W.J.C. No.6139 of 2007 was allowed and approved by the LPA Court in LPA No. 756 of 2015 vide order

Patna High Court CWJC No.7222 of 2018(2) dt.23-04-2018 3/3 dated 16.08.2017.

With the aforesaid, the writ application stands allowed and disposed of.

The entire exercise in this regard must be completed within a maximum period of three months from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) Ravi/- U