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Patna High CourtCWJC/3544/2024disposed

Vinodanand Jha v. The State Of Bihar

2024-10-21Mr. Justice Prabhat Kumar Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3544 of 2024 ====================================================== 1.

Vinodanand Jha Son of Late Bholanath Jha, Resident of Village Barahiya Tola- Ind, Ward no. 08, P.S Barahiya, District- Lakhisarai. 2.

Ravindra Thakur, Son of Late Yadav Thakur, Resident of Village Barahiya Ward no. 08, P.S Barahiya, District-Lakhisarai. 3.

Binod Kumar Sharma, Son of Late Kaushal Kishore Sharma, 3. GenderMale, aged about 65 years, Resident of Village Walipur, P.S - Pipariya, District- Lakhisarai.

4.

Shambhu Roy, Son of Sri Krishna Roy, Resident of Village Dharhara, P.SRosera, District- Samastipur. 5.

Kundan Kumar, Son of Binod Prasad Singh, Resident of Village Walipur, P.S-Pipariya, District- Lakhisarai.

6.

Haro Singh, Son of Late Kishori Singh, Resident of Village Walipur, P.S - Pipariya, District- Lakhisarai.

7.

Sahdeo Prasad Singh, Son of Late Rajnandan Singh, Resident of Village Barahiya Ward no. 07, P.S Barahiya, District-Lakhisarai. 8.

Surendra Jha, Son of Late Yogendra Jha, Resident of Village Walipur, P.S - Pipariya, District- Lakhisarai.

9.

Mostt. Sushila Devi, Wife of Late Narmadeshwar Jha, Gender-Female, aged about 76 byears, Resident of Village Barahiya Tola-Ind, Ward no. 08, P.SBarahiya, District- Lakhisarai. 10.

Mostt. Lakshmi Devi, Wife of Late Vimal Kant Mishra, Resident of Village Barahiya Near Hospital, Ward no. 17 P.S. Barahiya, District- Lakhisarai. 11.

Mostt. Kamala Devi, Wife of Late Radha Raman Thakur, Resident of Village Barahiya Ramsen Tola Ward no. 05, P.S. Barahiya, DistrictLakhisarai. 12.

Mostt. Bhama Devi, Wife of Late Indradev Pathak, Resident of Village Khutaha Din Ward no. 1, P.S. Barahiya, District- Lakhisarai. 13.

Mostt. Manju Devi, Wife of Late Janardan Sharma Resident of Village Walipur P.S. Pipariya, District- Lakhisarai.

14.

Ram Bahadur Jha, Son of Late Jayvir Jha, Resident of Naya Tola, Mokama, Ward No. 18, P.S. Mokama, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Secretary/Commissioner, Primary, Secondary and Adult Education, Department of Education, Govt. of Bihar, Patna. 4.

The Special Director, Secondary Education Incharge Sanskrit Education, Department of Education, Govt. of Bihar, Vikas Bhawan, Patna.

2/4 5.

The Secretary/Commissioner, Department of Finance, Govt. of Bihar, Patna 6.

The Chairman, Bihar Sanskrit Shiksha Board, Boring Canal Road, Patna. 7.

The Secretary, Bihar Sanskrit Shiksha Board, Boring Canal Road, Patna. 8.

The District Education Officer, Lakhisarai.

9.

The District Programme Officer, Establishment, Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioners :

Mr. Om Prakash Maharaj, Advocate For the State :

Mr. Sunil Kumar Mandal, SC-3 Mr. Bipin Kumar, AC to SC-3 For Respondent Nos.6&7:

Mr. Satyam Shivam Sundaram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2024 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel appearing on behalf of Respondent-Bihar Sanskrit Shiksha Board.

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

3/4 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 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. 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 after hearing the parties within a period of ten weeks thereafter 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

4/4 application stands disposed of.

(Prabhat Kumar Singh, J) shashank/- U