Amar Nath Jha And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8752 of 2018 ====================================================== 1.

Amar Nath Jha Son of Late Mahesh Lal Jha, Resident of VillageP.O.- Madhuban Brit, P.S.- Rajepur, District- East Champaran at Motihari. 2.

Shambhu Sharan Arya, Son of Late Bigan Lal Prasad, Resident of Village Bhualidih, P.O.- Salempur, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna 2.

The Director, Primary Education, Department of Human Resources Development, Bihar, Patna.

3.

The District Magistrate, East Champaran at Motihari. 4.

The Regional Deputy Director of Education, Muzaffarpur. 5.

The District Education Officer, East Champaran, Motihari. 6.

The District Programme Officer Estab, East Champaran, Motihari. 7.

The Block Education Extension Officer, Tetariya District East Champaran, Motihari.

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

For the Petitioner/s :

Mr.Ajay Kumar Gautam For the Respondent/s :

Mr.Madhaw Prasad Yadav -Gp23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 05-03-2019 1.

Heard the learned counsel for the petitioners and the learned counsel appearing for the State.

2.

The present writ petition is filed for issuing a direction upon the respondents to grant senior pay-scale on completion of a period of 12 years.

3.

The learned counsel for the petitioners submits that the issue raised in the present writ petition is no more res integra. A coordinate Bench of this Court had already

Patna High Court CWJC No.8752 of 2018 dt.05-03-2019 2/2 decided the issue vide order dated 31.03.2011 passed in C.W.J.C. no. 6139 of 2007 (Ram Ashis Tiwary and others v. The State of Bihar and others) and the order of the Writ Court was affirmed in L.P.A. no. 756 of 2015 dated 16.08.2017. 4.

In above view of the matter, the present writ petition is disposed of with a direction to the respondent no. 6 to examine the case of the petitioners in light of the decision of the Writ Court in C.W.J.C. no. 6139 of 2007 dated 31.03.2011 as affirmed in L.P.A. no. 756 of 2015 dated 16.08.2017 and the final decision in this regard must be taken by the respondent no. 6 within a period of two months from the date of receipt/ production of a copy of this order and all consequential benefits including the monetary benefit should be extended to the petitioners within a period of one month thereafter. 5.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.03.2019 Transmission Date NA