Saroj Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3351 of 2024 ====================================================== 1.

Saroj Kumar Pandey Son of Anirudh Pandey, Resident of Village- Panditpur, Police Station - Muffasil Buxar, District- Buxar. The petitioner no. 1 is Incharge Headmaster. 2.

Anand Shankar Tribedi, Son of Yogendra Nath Tribedi, Resident of Buxar, Police Station - Buxar, District- Buxar. Petitioner no. 2 is Assistant Teacher in S.S.V.K. Sanskrit Primary cum High School Koidpurwa, Buxar. 3.

Punam Kumari, Wife of Birendra Nath Upadhyay, Resident of Buxar, Police Station - Buxar, District- Buxar. Petitioner no. 3 is Assistant Teacher in S.S.V.K. Sanskrit Primary cum High School Koidpurwa, Buxar. 4.

Rubi Kumari, Wife of Binod Sharma, Resident of Village and Post OfficeSidhipur, Police Station - Paliganj, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Principal Secretary, Human Resources Development Department Government of Bihar, Vikash Bhawan, Patna.

3.

The Additional Secretary, Human Resources Development Department, Government of Bihar, Vikash Bhawan, Patna.

4.

The Special Director, Department of Education, Government of Bihar, Vikash Bhawan, Patna.

5.

The Bihar Sanskrit Shiksha Board, Bihar, Patna through its Secretary. 6.

The Chairman, Bihar Sanskrit Shiksha Board, Bihar, Patna. 7.

The Secretary, the Bihar Sanskrit Shiksha Board, Bihar, Patna. 8.

The District Education Officer, Buxar, District - Buxar. 9.

The District Programme Officer, Buxar, District - Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Kumar Ishwar For the Respondent/s :

Mr.SK Mandal, Standing Counsel (3) Mr. Bipin Kumar, Advocate For the Board Mr. SS Sundaram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-10-2024 Heard learned counsel for the parties.

2. This writ application has been filed for commanding the respondents to make payment of arrears by

Patna High Court CWJC No.3351 of 2024(2) dt.28-10-2024 2/3 way of differential amount of salary in the revised pay-scale under 5th, 6th and 7th Pay Revision in the same manner as allowed to the teaching and non teaching staffs of the Government Schools together with Dearness Allowance admissible thereon as has been directed by the Division Bench of this Hon'ble Court in L.P.A. No. 43 of 2016 and analogous cases, vide order dated 13.08.2019.

3. Learned counsel for the petitioners submits that case of the petitioners is fully covered with the order/judgment of this Court dated 13.08.2019 passed in L.P.A. No. 43 of 2016 and other analogous cases. Learned counsel for the petitioners further submits that pursuant to aforesaid order/judgment of L.P.A. No. 43 of 2016, several orders have been passed by Hon'ble Single Benches of this Court.

4. Learned counsel for the respondents does not dispute the contention made on behalf of the petitioners

5. In view of aforesaid facts and circumstances, this writ application is disposed of with direction to the petitioners to approach the respondents authorities ( respondent no.9) in the light of order/judgment of this Court dated 13.08.2019 passed in L.P.A. No. 43 of 2016 by way of filing a detailed representation(s) alongwith copy of order passed in L.P.A. No.

Patna High Court CWJC No.3351 of 2024(2) dt.28-10-2024 3/3 43 of 2016 before the concerned respondent within a period of six weeks from the date of receipt / production of copy of this order. If such representation is filed, the concerned respondent shall dispose of the same preferably within a period of ten weeks thereafter after hearing the parties in accordance with law.

6. It goes without saying that if the claim of the petitioners is found admissible by the concerned respondent, he shall ensure that the admissible amount must be paid to the petitioners as early as possible.

7. With above observation and direction, the writ application stands disposed of.

(Prabhat Kumar Singh, J) Shashi U