Ravindra Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5002 of 2019 Ravindra Kumar Son of Late Sona Lal Singh Resident of Village- Tinkoni, Police Station- Darpa, District- East Champaran at present posted as Assistant teacher, U.M.S. Bela, Bankatwa, East, District East Champaran. Sanjay Kumar Prasad Son of Late Sheo Shankar Prasad Resident of Village and Post Office- Gamharia Kala, Police Sation- Darpa, District East Champaran at present posted as Assistant teacher, Ra. Utt. Middle School, Sirsiya Khurd, Adapur, District East Champaran. Naresh Kumar Son of Indradeo Prasad Resident of Village and Post OfficeBhelwa, Police Station- Madhuban, District- East Champaran, at present posted as Assistant Teacher, at present posted as Assistant Teacher Rajkiya Middle School, Bhelwa, Madhuban, District- East Champaran. Kanhaiya Prasad Keshav Son of Late Ram Lakshman Mahto Resident of Village- Kush Wanshi Nagar, Post Office- Gavandri, Police Station- Dhaka, District- East Champaran, at present posted as Assistant Teacher G.P.S. Gahai North, Dhaka, District East Champaran.

Md. Shabir Ahmad Son of Md. Sidik Resident of Village and Post OfficeGhorasahan, Police Station- Ghorasahan, District- East Champaran at present posted as Assistant Teacher, U.M.S. Ghorasahan, District- East 6.

Ramakant Thakur Son of Bindeshwari Thakur Resident of Village- Sripur Uttari, Post Office- Kawaia, Police Station- Ghorasahan, District- East Champaran, at present posted as Assistant teacher, Rajkiya Uttakarmit Middle School Baidhnathpur, Ghorasahan, District- East Champaran. 7.

Vinod Kumar Singh Son of Veer Shankar Deo Singh Resident of Village and Post Office- Barwa Purwari, Police Station- Lakhaura, District- East Champaran at present posted as Assistant Teacher Rajkiya Middle School, Inarwa, Phulwa, Bankatwa, District- East Champaran. 8.

Virendra Kumar Son of Late Parkishan Rai Resident of Village- Pokharia, Post Office- Nimoia, Police Station- Ghorasahan, District- East Champaran at present posted as Assistant teacher Uttkarmit Middle School, Bankatwa, District East Champaran.

9.

Md. Iqbal Hussain Son of Md. Abbas Ali Resident of VillageMohammadpur, Post Office- Siswania, Via- Motihari, Police StationBanjaria, District- East Champaran at present posted as Assistant teacher G.P.S. Urdu Anjumana Islamia Motihari Nagar, District- East Champaran. 10.

Md. Shakeel Mustafa Son of Late Md. Kalimullah Resident of VillageMohammadpur, Post Office- Siswania, Via- Motihari, Police StationBanjaria, District- East Champaran at present posted as Assistant Teacher, G. Ra. Kri. Sikaria Middle School, Motihari Nagar, District- East Champaran. 11.

Ram Sagar Arya Son of Late Saryu Ram Arya Resident of Village- Dharhari, Post Office- Diphi, Police Station- Chiraiya, District- East Champaran at present posted as Assistant Teacher U.M.S. Dharharwa, Chiraiya, District East Champaran.

12.

Premchand Prasad Son of Sri Prasad Kushwaha Resident of Village- Koraia

2/5 Samanpur, Post Office- Barwakhurd, Police Station- Kundwa Chainpur, District- East Champaran at present posted as Assistant Teacher U.M.S. Basantpur, Ghorasahan, District- East Champaran. 13.

Chandrawati Kumari Wife of Chethru Ram Resident of Village- Harihara, Post Office- Sagardina, Police Station- Shikarganj, District- East Champaran, at present posted as Assistant teacher, U.M.S. Parwa Chiraiya, District- East Champaran.

14.

Sanjeev Kumar Singh Son of Late Damodar Singh Resident of VillageSantpur, Post Office- Kawaia, Police Station- Jharokhar, District- East Champaran, at present posted as Assistant Teacher, R.U.M.S., Basantpur, Ghorasahan, District- East Champaran.

15.

Md. Meraj Ansari Son of Late Abdul Majid Ansari Resident of Village and Post Office- Bijbani, Police Station- Jitna, District- East Champaran, at present posted as Assistant Teacher R. Primary School, Ghorasahan, District- East Champaran.

16.

Kapildeo Ram Son of Late Chaturi Ram Resident of Village and Post Office- Mathia, Police Station- Chauradano, District- East Champaran, at present posted as Assistant Teacher, U.M.S. Hardia Urdu, Chauradano, District- East Champaran.

17.

Parmeshwari Ram Son of Late Bhikhari Ram Resident of Village and Post Office- Bela Chamhi, Police Station- Chauradano, District- East Champaran at present retired Teacher, U.M.S., Chainpur, Chauradano, District- East Champara.

18.

Uday Narayan Mehta Sri Jinis Prasad Resident of Village- Kawaia, Post Office- Kawaia, Police Station- Ghorasahan, District- East Champaran at present posted as Assistant Teacher, S.M.S. Sundarpur, Ghorasahan, DistrictEast Champaran. 19.

Sikandra Ram Son of Late Shiv Dutt Ram Resident of Village and Post Office- Chenari, Police Station- Jitna, District- East Champaran at present posted as Assistant Teacher U.M.S. Jeetpur, Bankatwa, District- East 20.

Uma Kant Singh Son of Late Rajendra Prasad Singh Resident of Village and Post Office- Kawaia, Police Station- Ghorasahan, District- East Champaran at present posted as Assistant Teacher R.M.S., Tonwa, Ghorasahan, DistrictEast Champaran. 21.

Upendra Kumar Prabhat Son of Mohan Paswan Resident of Village- Ramji Dubey Tola, Post Office- Laukhan, Police Station- Dhaka, District- East Champaran at present posted as Assistant Teacher Ra. Primary School, Bakrihari, Dhaka, East Champaran.

22.

Tarkeshwar Prasad Son of Late Fateh Chandra Sah Resident of VillageAamwa, Post Office- Kundwa Chainpur, Police Station- Ghorasahan, District- East Champaran at present posted as Assistant Teacher Ra. Primary School, Lala Tola, Laukhan, Ghorasahan, District- East Champaran. 23.

Amar Ram Son of Late Jung Bahadur Ram Resident of VillageRaghunathpur, Post Office- Nirpur, Police Station- Chiraia, District- East Champaran at present posted as Assistant Teacher U.M.S. Bela, Chiraiya, District- East Champaran.

3/5 24.

Manoj Kumar Sinha Son of Late Achhelal Prasad Resident of VillageBhatinia, Post Office- Bhelwa Shakil, Police Station- Ghorasahan, DistrictEast Champaran at present posted as Assistant Teacher R.U.M.S. Bakha Kala Kanya, Ghorasahan, District- East Champaran. 25.

Mohan Paswan Son of Late Puran Paswan Resident of Village- Pipra, Post Office and Police Station- Darpa, District- East Champaran at present posted as Assistant Teacher R.U.M.S. Purainia, Ghorasahan, District- East 26.

Margub Alam Son of Late Kaji Md. Idrish Resident of Village and Post Office- Purshotampur, Police Station- Chauradano, District- East Champaran at present posted as Assistant Teacher R.U.M.S. Mashi (Urdu) Chauradano, District- East Champaran.

27.

Umesh Kumar Son of Ram Balak Chaudhary Resident of Village- Jainagar, Post Office- Juafar, Police Station- Chauradano, District- East Champaran at present posted as Assistant Teacher U.M.S. Sripur, Chauradano, District East 28.

Prabhu Sharan Thakur Son of Late Jagdish Thakur Resident of VillagePipra, Post Office and Police Station- Darpa, District- East Champaran at present posted as Assistant Teacher R.U.M.S. Dharhari, Chauradano, District- East Champaran.

29.

Shiv Shankar Prasad Gupta Son of Late Ganga Sah Resident of VillageBrahmpura, Post Office- Kudarkat, Police Station- Chauradano, District East Champaran at present posted as Assistant Teacher U.M.S. Pipra Purbi, Chauradano, District- East Champaran.

30.

Md. Saifullah Ansari Son of Late Md. Abibullah Resident of Village and Post Office- Pakaria, Police Station- Chauradano, District- East Champaran at present posted as Assistant Teacher U.M.S. Tinkoni Tola, Chauradano, District- East Champaran.

31.

Arjun Kumar Son of Sri Ramakant Rai Resident of Village- Banjari, Post Office- Purshottampur, Police Station- Chauradano, District- East Champaran at present posted as Assistant Teacher R.U.M.S., Bhadanhia, Chauradano, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar through Secretary, Human Resources Department, Goverment of Bihar, New Secretariat, Patna.

The Director, Primary Education Bihar, Patna. The D.D.C.-cum- Chairman, Establishment Committee East Champaran. The District Superintendent of Education East Champaran. The District Education Officer East Champaran. ... ... Respondent/s Appearance :

For the Petitioner/s :

Mr.Sunil Kumar No.III For the Respondent/s :

Mr.Kameshwar Kumar (Gp17)

4/5 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 14-03-2019 Heard the learned counsel for the petitioners and the learned counsel appearing for the State.

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.

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 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. In above view of the matter, the present writ petition is disposed of with a direction to the respondent no. 5 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. 5 within a period of two months from the date of receipt/ production of a copy of this order and all consequential benefits

5/5 including the monetary benefit should be extended to the petitioners within a period of one month thereafter. The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.03.2019 Transmission Date NA