Ravishankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5888 of 2024 ====================================================== Ravishankar Prasad son of Yadunandan Mahto, resident of Village and P.O.- Gonawan, P.S.-Harnaut, District-Nalanda, presently working as Graduate Teacher in Utkramit Middle School Rasalpur, Block-Bind, District-Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through its the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

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

The Joint Secretary, Education Department, Bihar, Patna. 5.

The District Education Officer, Nalanda.

6.

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

The Block Education Officer, Bind, District-Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh For the Respondent/s :

Mr. K.P Gupta, GP 10 Mr. Satya Vrat, AC to GP 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-03-2025 Heard learned counsels for the parties.

2.

The present application has been filed for issuance of direction upon the respondents to give the matric trained pay scale to the petitioner from the date of his joining in the light of C.W.J.C. No.6139 of 2007 (Ram Ashis Tiwary and Ors. Vs. The State of Bihar & Ors.) dated 03.10.2011 which was upheld by the Division Bench of this Court by the judgment dated 16.08.2017 passed in LPA No.756 of 2015 (The State of Bihar

Patna High Court CWJC No.5888 of 2024(3) dt.27-03-2025 2/3 and Ors. Vs. Ram Ashish Tiwary and Ors.) 3.

Learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the judgment passed in LPA No.756 of 2015, arising out of CWJC No.6139 of 2007 dated 16.08.2017. Hence, the petitioner is entitled to the similar relief as per the State Litigation Policy under Clause 4(c)(1) which reads as follows:- "4.C Covered Matters: 4.C (1). A good number of cases are from the category of similar cases. Each Government Department will aim to consider and settle the claim of the representation/applicant-employee/citizen, if the claim is found covered by any decision of the court. Many service matters of this nature, can be disposed of at the level of the Department itself without compelling the litigant to come to the Court. In this manner, the Government Departments would be acting as efficient litigants. 4.

Considering the submissions made on behalf of the petitioner, this writ application stands disposed of in light of the order passed in CWJC No.6139 of 2007 dated 31.03.2011 and LPA No.756 of 2015 dated 16.08.2017 and the State Litigation Policy as quoted above.

5.

The benefit granted to the petitioner of the aforesaid CWJC No.6139 of 2007, shall be extended to the petitioner

Patna High Court CWJC No.5888 of 2024(3) dt.27-03-2025 3/3 within a period of six months from the date of making such representation before the competent authority. (Anjani Kumar Sharan, J) shikha/- U