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Patna High CourtCWJC/5660/2021disposed

Santosh Kumar Singh v. The State Of Bihar

2024-07-01Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5660 of 2021 ====================================================== 1.

Santosh Kumar Singh Son of Late Gautam Singh Resident of VillageHariharpur Khurd, Hariharpur Kalan, P.S.-Jamo Bazar, District-Siwan Presently Posted as Assistant Teacher, Government Primary School Bishambharpur, Block-Barhariya, P.S.-Jamo Bazar, District-Siwan. 2.

Vyas Kumar Singh Son of Late Ramayan Singh Resident of VillageHariharpur Kala, Near Road, P.O.-Hariharpur Kalan, P.S.-Jamo Bazar, District-Siwan Presently Posted as Assistant Teacher, Upgraded Middle School, Marachi, Block-Lakdi Nabiganj, District-Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

4.

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

5.

The Director, Primary Education, Government of Bihar, Patna. 6.

The District Magistrate, Siwan.

7.

The Regional Deputy Director of Education, Saran. 8.

The District Education Officer, Siwan.

9.

The District Programme Officer (Establishment), Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagjit Roshan, Adv.

For the Respondent/s :

Mr.Kameshwar Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-07-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2.

At the outset, learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the judgment passed by the co-ordinate bench of this Court in

Patna High Court CWJC No.5660 of 2021(3) dt.01-07-2024 2/3 Abdus Samad v. The State of Bihar & Ors. in CWJC No.7322 of 2017 dated 11.04.2018. Learned counsel further submits that against the order passed in CWJC No.7322 of 2017, the State filed an L.P.A., which was withdrawn and Review application was also dismissed.

3.

Learned counsel next submits that the other cases of similarly situated teachers have been decided in terms of Abdus Samad case by this Court in CWJC No.5092 of 2020. 4.

The petitioner has filed the present writ petition for a direction to the respondents to grant Matric Trained Scale to the petitioners from the date of completion of three years of their initial appointment on the post of Assistant Teacher. 5.

Learned counsel for the State submits that in terms of Abdus Samad case, the petitioners may be directed to file a representation before the District Programme Officer (Establishment), Siwan (respondent no.9).

6.

Having heard the parties, the petitioners are directed to approach the respondent no.9 by filing a representation within a period of four weeks, which shall be decided by the respondent no.9 within a period of ten weeks from the date of receipt of the representation.

7.

If it is found that the case of the petitioners is covered by

Patna High Court CWJC No.5660 of 2021(3) dt.01-07-2024 3/3 the Abdus Samad case, then similar benefits shall be granted to the petitioners.

8.

With the aforesaid observation and direction, the present writ petition stands disposed of.

(Anjani Kumar Sharan, J) pallavi/- U