Johi Lal Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5870 of 2019 ====================================================== Johi Lal Ray son of Ram Lal Ray Resident of Village- Bhag Barsoi, Post Office- Barsoi Bazar, Police Station- Barsoi, District- Katihar, presently working as Assistant Teacher, Primary School, Joharpur, under Barsoi Block, District- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Human Resources Development Department Government of Bihar, Patna.

3.

The Director Primary Education Bihar, Patna.

4.

The Regional Deputy Director of Education, Purnea Division, Purnea. 5.

The District Magistrate Katihar.

6.

The District Education Officer Katihar.

7.

The District Programme Officer (Establishment) Katihar. 8.

The District Programme Officer (Sarva Siksha Abhiyan) Katihar. 9.

The Block Education Officer, Barsoi Block District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jibendra Mishra For the Respondent/s :

Mr.Madhaw Prasad Yadaw ( GP-23 ) Mr. Arvind Kumar, A.C. to G.P.-23 For the B.E.P.C. : Mr. Girijesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-03-2019 The present writ petition has been filed for directing the respondent authorities to grant the following reliefs:- I. For directing the Respondent Authorities to grant promotion to the petitioner in the Graduate Trained Pay Scale of Rs.

9300-34,800/- grade pay of Rs. 4600/- (Pay Band-2) w.e.f. 15.12.2016 from which date the Juniors to the petitioner has been granted promotion in the Graduate Trained Scale.

II. For directing the Respondents to make payment of the salary on the basis of abovenoted pay scale alongwith other allowances and etc. w.e.f. the same date.

III. For any other relief or reliefs for which

Patna High Court CWJC No.5870 of 2019(2) dt.27-03-2019 2/2 the petitioner may be found entitled in the facts and circumstances of the case."

The learned counsel for the petitioner submits that the present case is squarely covered by a judgment dated 03.05.2016 passed by a coordinate Bench of this Court in CWJC No. 4401 of 2013 (Chandra Bhushan Pd. Singh & ors. vs. The State of Bihar & Ors.) as also by a judgment dated 23.02.2016 passed by the learned Division Bench of this Court in L.P.A. No. 1027 of 2014 (Ghanshyam Prasad Singh vs. The State of Bihar & Ors.).

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with direction to the petitioner to approach the respondent no. 7 within two weeks from today annexing the aforesaid judgments whereafter the respondent no. 7 shall pass appropriate orders considering the judgment rendered in the aforesaid cases and in case the case of the petitioner is found to be similar, similar benefit would be granted to the petitioner herein including the monetary benefit within a further period of six weeks therefrom.

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