Anupam Kumar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2695 of 2019 ======================================================

1. Anupam Kumar Singh S/o Late Narendra narayan Singh Vill.-Khurhan, P.s.- Alam Nagar, Distt.-Madhepura

2. Md. Kashif Kauser S/o Late Md. Qudus Vill.-Rahta, P.s.-Udakishunganj, Distt.-Madhepura

3. Vighnesh Bibhu S/o Late Chiranjivi Prasad Singh Vill.-Baispatti, P.s.-Alam Nagar, Distt.-Madhepura

4. Sudhakar Kumar S/o Late Madhwa Nand Singh Vill.-Murlichandawa, P.s.- Udakishunganj, Distt.-Madhepura

5. Rajesh Kumar S/o Late Suresh Prasad Yadav Vill.-Pipara, P.s.-Udakishunganj, Distt.-Madhepura ... ... Petitioner/s

Versus

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

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

3. The Director Primary Education, Department of Education, Govt. of Bihar, Patna

4. The District Education Officer, Madhepura

5. The District Programme Officer (Establishment) Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Singh For the Respondent/s :

Mr.Subash Chndra Mishra (Sc16) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-02-2019 The learned counsel for the petitioners submits that the respondents are duty bound to consider and grant regular pay scale to the petitioners on the post of Assistant Teacher in light of the judgments dated 11.5.2018 passed by this Court in CWJC No. 8963 of 2018 as also the one dated 18.4.2018 passed by the learned Division Bench of this Court in LPA No. 1472 of 2015 [ The State of Bihar & Ors. vs. Rhituraj Saraubh & Ors.]. Per contra, the learned counsel for the respondents

Patna High Court CWJC No.2695 of 2019(2) dt.14-02-2019 2/2 submits that the case of the petitioner would be examined by the respondent no.5 and in case it is found that the case of the petitioners is covered by the aforesaid judgments dated 11.05.2018 and 18.04.2018, similar relief would be granted to the petitioners herein.

Having regard to the submission made by the learned counsel for the parties, the present writ petition is disposed of with a direction to the petitioners to file an appropriate representation before the respondent no.5, along with certified copy of the present order, which shall be decided by the respondent no.5 within a period of eight weeks thereafter and in case, it is found that the case of the petitioner is covered by the aforesaid judgments dated 11.05.2018 and 18.04.2018, appropriate relief would be granted to the petitioners in terms thereof and accordingly, the consequential benefits shall also follow.

(Mohit Kumar Shah, J) Tiwary/- U