Rajiv Kumar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4618 of 2019 ====================================================== 1.

Rajiv Kumar Singh Son of Ramdev Singh at present working as Assistant Teacher Middle, Hasanganj (East of Nagar Nigam), P.O.- Mirzanhat, P.S.- Mirjanhat, District- Bhagalpur 2.

Usha Kumari Wife of Raj Kishore Prasad Residing at 36, Wajidali Lane, R.M.S. Colony, Urdu Bazar, P.S. and District- Bhagalpur 3.

Subodh Kumar Shama Son of Bhumleshwar Prasad Sharma Residing at Kamal Nagar Colony, Kutumbganj Road, P.S.- Mirzanhat, DistrictBhagalpur 4.

Daya Shankar Sah Son of Lakshman Prasad Sah Resident of New Colony, Balti Karkhana Chowk, Gudarganj, P.S.- Kutubganj, DistrictBhagalpur 5.

Md. Hasnain Son of Md. Abdul Samad Resident of VillageBarahpura, P.S.- Islampur, District- Bhagalpur 6.

Md. Khaliquzzaman Son of Mohammad Abu Nasar Resident of Village- Semaria, P.S.- Kajraili, District- Bhagalpur 7.

Pravin Kumar Pandey Son of Late Surendra Mohan Pandey R/o Village- Gogri, P.S.- Gogri, District- Khagaria 8.

Rajesh Sharma Son of Maheshwar Sharma Resident of PlaceGaneshpur, P.S.- Kharik Bazar, District- Bhagalpur ... ... Petitioner/s

Versus

1.

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

The Principal Secretary of the Education Department, Govt. of Bihar, Patna 3.

The Director, Primary Education, Government of Bihar, Patna 4.

The Regional Deputy Director of Education, Bhagalpur, District Bhagalpur 5.

The District Education Officer, Bhagalpur, District- Bhagalpur 6.

The District Programme Officer, (Establishment), Bhagalpur, District Bhagalpur 7.

The District Account Officer, Bhagalpur, District- Bhagalpur 8.

The District Treasury Officer, Bhagalpur, District- Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Respondent/s :

Mr.Shilpa Singh ( Ga12 )

Patna High Court CWJC No.4618 of 2019 dt.11-03-2019 2/3 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 11-03-2019 1.

Heard the learned counsel for the petitioners and the learned counsel appearing for the State.

2.

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.

3.

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.

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

Patna High Court CWJC No.4618 of 2019 dt.11-03-2019 3/3 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. 5.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.03.2019 Transmission Date NA