Anupam Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4046 of 2019 ====================================================== Anupam Kumar Yadav S/o Sri Nandeshwar Singh and Late Meena Kumari Yadav Permanent R/o Kazi Dehri, Bharkundiya, PS- Nawanagar, DistrictBuxar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna 2.

District Compassionate Committee, Buxar through the District Magistrate, Buxar 3.

District Magistrate Buxar 4.

District Education Officer, Buxar 5.

District Programme Officer (Establishment), Buxar 6.

Regional Deputy Director of Education, Division- Patna, PS- Kotwali, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Nirmala Kumari For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (AAG-15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-03-2019 The learned counsel for the petitioner submits that the respondents are duty bound to consider and grant regular pay scale to the petitioner on the post of Assistant Teacher in light of the judgments dated 11.5.2018 passed by this Court in CWJC No. 8963 of 2018 as also the one dated 18.4.2018 passed by the learned Division Bench of this Court in LPA No. 1472 of 2015 [The State of Bihar & Ors. vs. Rhituraj Saraubh & Ors.]. Per contra, the learned counsel for the respondents submits that the case of the petitioner would be examined by the respondent no.5 and in case it is found that the case of the petitioner is

Patna High Court CWJC No.4046 of 2019(2) dt.01-03-2019 2/2 covered by the aforesaid judgments dated 11.05.2018 and 18.04.2018, similar relief would be granted to the petitioner herein.

Having regard to the submission made by the learned counsel for the parties, the present writ petition is disposed off with a direction to the petitioner to file an appropriate representation before the respondent no.5, along with certified copy of the present order, which shall be decided by the respondent no.5 within a period of eight weeks thereafter and in case, it is found that the case of the petitioner is covered by the aforesaid judgments dated 11.05.2018 and 18.04.2018, appropriate relief would be granted to the petitioner in terms thereof and accordingly, the consequential benefits shall also follow.

S.Sb/- (Mohit Kumar Shah, J) U