Mahesh Kumar Sinha And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6880 of 2016 ===========================================================

1. Mahesh Kumar Sinha, son of Late Ramdeo Singh, resident of village- Chakbajo Malahi, P.S.- Jandaha, District- Vaishali

2. Banshidhar Pankaj, son of Late Vidyadhar Jha, resident of village- Krishnabari, P.S.- Patepur, District- Vaishali

3. Uday Shankar Jha, son of Late Shyamakant Jha, resident of village- Hirpur, P.S.- Jandaha, District- Vaishali

4. Prabhat Ranjan, son of Late Surendra Prasad Singh, resident of village- Mehsaur, P.S.- Jandaha, District- Vaishali

5. Ashok Kumar, son of Sri Sheo Prasad Singh, resident of village- Jandaha, P.S.- Jandaha, District- Vaishali

6. Sanjay Kumar, son of Ram Piyare Rai, resident of village- Chak Jainav, P.S.- Bidupur, District- Vaishali

7. Vinod Paswan, son of Late Lalchand Paswan, resident of village- Akbarpur Kowahi, P.S.- Patepur, District- Vaishali

8. Md. Nasim Akhtar Raza, son of Late Ali Raza, resident of village- Sonpur, P.S.- Sonpur, District- Saran (Chapra)

9. Raj Kishore Singh, son of Late Suryadev Singh, resident of village- Narharpur, P.S.- Jandaha, District- Vaishali .... .... Petitioners

Versus

1. The State of Bihar through Principal Secretary, Department of Education, Bihar, Patna

2. The Director, Primary Education, Bihar, Patna

3. The Regional Deputy Director of Education , Tirhut Division, Muzaffarpur

4. The District Magistrate, Vaishali

5. The District Education Officer, Vaishali

6. District Programme Officer (Establishment), Vaishali .... .... Respondents =========================================================== Appearance :

For the Petitioners : Mr. Prabhu Nath Pathak, Advocate For the State : Mr. Kumar Ravish, Advocate =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 27-02-2017 Heard Parties.

Petitioners' grievance is that despite recommendation made vide Annexure 2, the petitioners are not being given B.A. trained pay

Patna High Court CWJC No.6880 of 2016 dt.27-02-2017 2 / 2 scale in Grade III, Pay Band 2 with Grade Pay of Rs.4600/- only on the ground that their dossiers are required to be verified, therefore, the subsequent Committee will take a decision. According to the petitioners, the matter has remained pending since 26.06.2013. No counter affidavit has been filed despite a copy of the writ application having been served upon the State on 05.04.2016 itself.

In such a situation, this Court is inclined to dispose of this writ application with a direction to the respondent no.6, District Programme Officer (Establishment), Vaishali to take a decision upon the representation of the petitioners on its own merit and in accordance with law as petitioners claim that their juniors have been promoted and they are being deprived from such benefit. It is expected that such decision would be taken by the competent authority within a period of three months from the date of receipt/production of a copy of this order.

Sanjay-II/- (Dr. Ravi Ranjan, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 11.05.2017 Transmission Date NA