Krishna Singh Alias Shri Krishna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2914 of 2024 ====================================================== 1 .

Krishna Singh Alias Shri Krishna Singh Son of Late Mangal Singh Resident of Village- Bagheji, Post- Bagheji, Police Station- Barauli, District- Gopalganj. 2.

Shekh Mazhar Son of Late Shekh Abbas Resident of Village- Pathra, Post- Pathra, Police Station- Manjhagarh, District- Gopalganj ... ... Petitioner/s

Versus

1 .

The State of Bihar through the Additional Chief Secretary, Education Dept., New Secretariat, Patna.

2.

The Director (Primary Education), Government of Bihar, Patna. 3 .

District Education Officer, Gopalganj.

4.

District Programme Officer (Establishment), Gopalganj. 5 .

The Treasury Officer, Gopalganj.

6.

District Provident Fund Officer, Gopalganj.

7.

The Accountant General, Bihar, patna.

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

For the Petitioner/s :

Mr. Raghav Prasad , Advocate For the Respondent/s :

Mr. Addl. Advocate General 4 Mr. Alok Kumar , AC to AAG 4 For Accountant General :

Mr. Vivekanand Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-11-2024 Heard learned counsel for the parties.

2. This writ application has been filed for directing the respondent/s to grant MACP 2010 to the petitioners w e f. From 11.01.1980 when the petitioners were initially appointed on substantive post of Assistant Teacher on the stipend of Rs.

Patna High Court CWJC No.2914 of 2024(4) dt.19-11-2024 2/3 150/- per month and thereafter petitioners were granted the regular pay scale of Matric trained scale wef. 01.03.1981 and the issue of length of service to be counted from the initial date of appointment has already been settled by this Hon'ble Court in CWJC No. 2191 of 1988 and subsequently followed in several judgments of this Hon'ble Court .

3 . At the outset, learned counsel for the respondent/s by referring paragraph 12 of the counter affidavit stated that pursuant to resolution No. 1071 dated 07.10.2021 and order No. 1064 dated 14.09.2022 , the District Education Officer, Gopalganj has considered the grant of 3rd MACP of Assistant Teacher and granted the same vide memo No. 349 dated 31.01.2023 . In this order ,the name of petitioner no. 1 and 2 are appearing at Serial No. 1003 and 256 respectively . They have granted 3rd MACP wef. 01.01.2009 notionally .

4. Considering the aforesaid facts and order No. 1064 dated 14.09.2022 and resolution No. 1071 dated 07.10.2021 as stated in the counter affidavit filed on behalf of respondent/s, this writ petition is dispose of with direction to concerned authority that any monetary benefit, if not paid to these petitioners, the same shall be paid preferably within a period of six months from the date of receipt of copy of this

Patna High Court CWJC No.2914 of 2024(4) dt.19-11-2024 3/3 order.

5 . Accordingly , this writ petition stands disposed of with aforesaid directions.

(Prabhat Kumar Singh, J) Koushik/- U