Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2694 of 2022 ====================================================== 1.

Manoj Kumar Singh Son of Late Premsagar Singh Resident of VillageAkhtiyarpur, Ward No. 03, Post- Rajaura, P.S.- Mufassil, District- Begusarai, Presently posted as Assistant Teacher at M.S. Bagha, Block- Begusarai, District- Begusarai.

2.

Yogendra Kumar Son of Late Dev Sharan Mahto Resident of MohallaArchna Vihar, Ward No. 29, Road No. 01, Post- Suhrid Nagar, P.S.- Nagar Thana, (Lohiya Nagar O.P.), District- Begusarai, Presently posted as Assistant Teacher at P.S. Ward No. 02, Block Begusarai, District- Begusarai. 3.

Anil Kumar Son of Late Suryanarayan Sah Resident of Mohalla- Lohiya Nagar, Ward No. 28, Post- Suhrid Nagar, P.S.- Nagar Thana, (Lohiya Nagar O.P.), District- Begusarai, Presently posted as Assistant Teacher at M.S. Bagha, Block Begusarai, District- Begusarai.

4.

Upasna Kumari Wife of Vineet Kumar Resident of Mohalla- Vishnupur, Ward No. 39, Post- Mirjapur, P.S.- Nagar Thana, District- Begusarai, Presently posted as Graduate Trained Teacher at U.M.S. Charugram Nagdah, Block Begusarai, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Vikas Bhawan, Bailey Road, Patna. 2.

The Principal Secretary, Department of Education, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.

3.

The Director (Primary Education), Department of Education, Govt. of Bihar, Vikas Bhawan, Bailey Road, Patna.

4.

The Regional Deputy Director of Education, Munger Division, Munger. 5.

The District Education Officer, District- Begusarai. 6.

The District Program Officer (Establishment), District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Avanindra Kumar Jha, Adv.

For the Respondent/s :

Mr. Subhash Chandra Mishra, S.C.-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-01-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. By filing the present writ application, the petitioners

Patna High Court CWJC No.2694 of 2022(7) dt.27-01-2025 2/3 have prayed for the following reliefs:

(I) For declaration of paragraph no.4 of the order issued by the Education Department vide memo no. 289 dated 22.02.2019, as mentioned in Annexure-4 to the writ application, to be violative of Article-14 of the Constitution of India.

(II) For issuance of appropriate orders, directions or writ in the nature of Mandamus directing the respondents concerned to extend the Matric Trained Scale of pay from the date of acquiring higher qualification of Intermediate along with all consequential monetary benefits and Financial Progression upon completion of 12 years of service along with all consequential benefits to the petitioners from their respective date of acquiring higher qualification.

(III) Any other relief/reliefs for which the petitioners may be found entitled to.

3. Considering the prayers made on behalf of the petitioners, I deem it proper to direct the petitioners to file a detailed representation before the Director (Primary Education), Department of Education, Government of Bihar, Vikas Bhawan, Bailey Road, Patna (respondent no. 3) along with the supporting documents as well as the order dated 16.08.2017 passed in LPA No. 756/2015 within a period of four weeks from the date of

Patna High Court CWJC No.2694 of 2022(7) dt.27-01-2025 3/3 receipt/production of a copy of this order and the respondent no. 3 is directed to consider the representation of the petitioners and pass a reasoned and speaking order in accordance with law keeping in view the order dated 16.08.2017 passed in LPA No. 756/2015 within two months from the date of receipt of representation after affording an opportunity of hearing to the petitioners or through their counsel.

4. Needless to state that the Director (Primary Education), Department of Education, Government of Bihar, Vikas Bhawan, Bailey Road, Patna (respondent no. 3) shall be held solely responsible for non-compliance of this order within the stipulated period.

5. With the aforesaid direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U