Jaidev Chatterjee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23874 of 2018 ====================================================== 1.

Jaidev Chatterjee S/o Late Haridas Chatterjee, Resident of-Flat No.403, Lal Kothi Apartment, New Jakkanpur, Police Station-Jakkanpur, District-Patna, at Present (Retired) Assistant Teacher, New Sinha Modern Middle School, Purandarpur, Golghar, Patna.

2.

Madan Pandey S/o Late Baro Pandey, Resident of Village-Mayapur, P.S.- Wazirganj, Post-Makdumpur, District-Gaya, at Present (Retired) Assistant Teacher Upagraded Middle School, Jafarpur, Anchal-Danapur, DistrictPatna. 3.

Satyendra Kumar Singh S/o Late Jai Narayan Prasad C/A 32, P.C. Colony, Kankarbagh, District-Patna, at Present Assistant teacher, Arya Kanya Middle School, Barch, District-Patna.

4.

Parasuram Singh S/o Late Sukhdeo Singh Village-Musepur, Post-VevadSikaria, P.S.-Sikaria, District-Jehanabad, at Present (Retired ) Assistant Teacher, Middle School, Bara, Anchal-Masaurhi, District-Patna. 5.

Amrendra Kumar Sinha, S/o Late Parmanand Prasad Verma South of Poddar Bhawan, Near DVC Quarters, Jakkanpur, Post-GPO, P.S.-Gardanibagh District-Patna at Present (Retired) Assistant Teacher, Gajadhar Middle School, Prithvipur, Chiraiyatand, Anchal- Golghar, District-Patna. 6.

Jawahar Lal S/o Late Gyanchand Rai Post-Sarai, Via-Neora, P.S.-Khagaul, District-Patna, at Present (Retired) Assistant Teacher, Upgraded Middle School, Sikarpur, Anchal-Danapur, District-Patna 7.

Raj Kumar S/o Late Laxmi Narayan Munib R/Mohalla-Kurmi Tola, PostBegampur, P.S.-Chowk Patna City, District-Patna at Present (Retired) Assistant Teacher, Middle School, Rukunpura, Anchal-Bakhtiyarpur, District-Patna 8.

Shailendra KUmar Gupta S/o Late Jagdish Gupta, Resident of Fulwari Gali, P.S.-Chowk Patna City, District-Patn, at Present (Retired) Assistant Teacher, Upgraded Middle School, Bahapur, Anchal-Bakhtiyarpur, District-Patna 9.

Anil KUmar Sinha S/o Late Rameshwar Prasad r/Mohalla-Kashinath Lane, Lohanipur, P.O.-P.S.-Kadamkuan, District-Patna, at Present Assistant Teacher, Kanya Middle School, Karbigahiya, Anchal-Golghar, DistrictPatna. 10.

Binod Kumar Sharma S/o ramchandra Sharma Gayatri Nagar, Kurthoul, District-Patna at Present (retired) Assistant Teacher, Primary School, Harbanshpur, Anchal-Masaurhi, District-Patna 11.

Arun Kumar Dutta, S/o Late Anant Kumar Dutta Resident o Flat No.205, Hem Villa Complex, DVC Road, Post-GPO, P.S.-Gardanibagh, DistrictPatna at Present (Retired) Asistant Teacher, Middle School, Saksohra, Anchal-Belchi, Barh, District-Patna 12.

Jai Ram Sharma S/o Late Suryadeo Singh Adarsh Nagar Colony, Road No.02, Phulwarisharif, District-Patna, at Present (Retired) Assistant Teacher, Middle School, Issopur, Anchal-Phulwari, District-Patna 13.

Ramesh Prasad Singh S/o Late Baliram Singh Resident of Village-Post Nagwa, P.S.-Naubatpur, District-Patna, at Present (Retired) Assistant

2/4 teacher, Primary School, Bind Toli, Anchal-Danapur, District-Patna 14.

Raman Prasad, S/o Late Tribhuwan Thakur, Resident of Village-Imadpur, Post-Bowri Beldarpur, District-Jehanabad, at Present (Retired) Assistant Teacher, Middle School, Chikiyatola, Anchal-Danapur, District-Patna 15.

Krishnabihari S/o Late Jag Bilash Singh Resident of Mohalla- Malikana, M.P. Road, Malikana, District, District-Patna at Present (Retired) Assistant Teacher, New Sinha Modern Middle School, Purandarpur Anchal-Golghar, District-Patna 16.

Shailendra Kuamr Kusum, S/o Late Sadhu Saran Singh Resident of Mohalla-Chanakya Colony, Parsa Bazar, P.S.-Kurthoul, Distirct-Patna, at Present (Retired) Assistant Teacher, Upgraded Middle School, Bhelwara, Sampatchak, District-Patna.

17.

Ram Sharan Ram S/o Late Sanichar Ram Resident of Village-Marora, PostNadoul, P.S.-Masaurhi, District-Patna, at Present (Retired) Assistant Teacher, Primary School, Tineri, Anchal-Masaurhi, District-Patna 18.

Ram Sewak Pandit S/o Late Phagu Pandit Resident of Road No.04, Lakhibag, Post-P.s.-Masaurhi District-Patna at Present (Retired) Assistant Teacher, Middle School, Basor, Anchal-Masaurhi, District-Patna. 19.

Suresh Thakur S/o Late Ram Bilas Thakur, Residentof Village- Beri, PostLatta, District-Aurangabad, at Present (Retired) Assistant Teacher, Upgraded Middle School, Chhota Kasimchak, Snchal- Danapur, District-Patna 20.

Krishnadeo Yadav S/o Late Baidyanath Yadav Resident of VillageSikharichak, Post-Mokamaghat,District-Patna at Present (Retired) Assistant Teacher, Primary Middle School, Mittal Bhagat Ka Tola, Anchal-Danapur, District-Patna 21.

Rajendra Prasad Singh S/o Late Ram Bujhawan Singh Residentof VillagePost-Ramnagar Diyara, P.S.-Athmalgola, District-Patna at Present (Retired) Assistant Teacher, Middle School, Ramnagar Diyara, Anchal-Athmalgola, District-Patna 22.

Nageshwar Pandey S/o Late Saryug Pandey Resident of Mohalla-Ram Krishna Nagar,Near Rajiv Gandhi School, Post-Jaganpura, District-Patna, at Present Assistant Teacher, Primary School, Nuruddinpur, Anchal-Punpun, District-Patna, 23.

Santosh Kumar S/o Late Surajdeo Singh Resident of Village-Narhat, PostKharona, P.S.-Bhagwanganj, Masaurhi, District-Patna at Present (Retired) Assistant Primary School, Tineri Math, Anchal-Masaurhi, District-Patna 24.

Kamta Prasad S/o Late Rameshwar Sah Resident of Village-Post-P.S.- Bakhtiyarpur, District-Patna, at Present (Retired) Assistant Teacher,Primary School, Ghoshwari Tok, Anchal-Bakhtiyarpur, District-Patna 25.

Ramnath Prasad S/o Late Baleshwar Ray Resident of Village-Saidpur Tola, Post-Karonta, P.S.-Salimpur, District-Patna at Present (Retired) Assistant Teacher, Upgraded Middle School, Bahadurpur, Anchal-Bakhtiyarpur, District-Patna.

26.

Shyam Nandan Pandey S/o Late Mahabir Pandey Resident of Village-PostBarni, District-Patna, at Present (Retired) Assistant Teacher, Primary School, Ashrafganj, Anchal-Dhanarua, District-Patna

3/4 27.

Suresh Prasad S/o Late Ram Briksh Saw, Resident of Phoolsathar, P.O.-P.S.- Kurtha, District-Arwal (Jehanabad), at Present (Retired) Assistant Teacher, Primary School, Balkhandi, Bhagat ka Tola, Anchal-Danapur, District-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Director, Primary Education, Government of BIhar, Patna 3.

Deputy Development Commissioner-Cum-Chairman, Establishment Committee, Patna.

4.

District Education Officer, Patna 5.

District Programme Offier (Establishment), Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uma Kant Tiwary For the Respondent/s :

Mr.Smt. Binita Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-04-2019 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.

4/4 In above view of the matter, the present writ petition is disposed of with a direction to the respondents 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 respondents 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. The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U