Jayant Bhardwaj, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4539 of 2022 ====================================================== 1.

Jayant Bhardwaj, Son of Ram Naresh Thakur, Resident of MohallaRahamganj, Post-Lalbag, Police Station-Laheriasarai, District-Darbhanga, presently posted as Block/Prakhand Teacher, Kanya Madhya Vidyalaya Pator, Under Hayaghat - Block - District-Darbhanga. 2.

Amar Nath Thakur, son of Late Ram Padarath Thakur, Resident of Village Shridulpur, Post-Anandpur, Police Station-Bahadurpur, District-Darbhanga, presently posted as Block/Prakhand Teacher - Utkramit Vidyalaya - Manaura under Bahadurpur Block, District-Darbhanga.

3.

Chandan Kumar, son of Narayan Mishra, resident of Village and PostKherajpur, Via-D.M.C., Police Station-Bahadurpur, District-Darbhanga, presently posted as Block / Prakhand Teacher, Middle School - M.S. Taralahi under Hanumannagar Block, District-Darbhanga. 4.

Ajit Chandra Das, son of Late Yog Narayan Das, Resident of Village and Post-Aurahi, Via-Biraul, Police Station-Kusheshwar Asthan, DistrictDarbhanga, presently posted as Block/Prakhand Teacher, Middle SchoolMajargahi under Biraul Block, District-Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Human Resources and Development (Education) Government of Bihar, Patna. 2.

The Director, Primary Education, Government of Bihar, New Secretariate, Patna.

3.

Regional Deputy Director of Education, Darbhanga Division, Darbhanga. 4.

District Education Officer Darbhanga, District-Darbhanga. 5.

The District Programme Officer (Establishment) Darbhanga, DistrictDarbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Jha For the Respondent/s :

Mr. Kameshwar Kumar ( Gp 17 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 09-05-2024 Re: I.A. No. 01 of 2024 This interlocutory application has been filed for addition in the prayer portion of the main writ petition. Having heard learned counsel for the parties and

Patna High Court CWJC No.4539 of 2022 dt.09-05-2024 2/3 for the reasons stated in this interlocutory application, this interlocutory application is allowed and the reliefs prayed in para-17(i) and 17(ii) of this interlocutory application shall also be treated as part of the relief prayed in the main application.

2. Learned counsel for the petitioners submit that the case of the petitioners is fully covered by the judgment passed by this Court in C.W.J.C. No.5720 of 2019 dated 06.02.2024. Learned counsel for the petitioners also submits that the petitioner no. 2 has already retired from service on 31.01.2024.

3. Considering the aforesaid facts, since the case of the petitioners stand on similar footings to that of the petitioners of C.W.J.C No.5720 of 2019, there is no requirement to keep pending the present writ application.

4. Accordingly, petitioners are entitled to get the remuneration fixed for the graduate trained teacher in Rule 12, at Rs.8,000/- and with subsequent increase, if any, from time to time. In the result, the concerned respondents are directed to calculate the remuneration of the petitioner at the rate of Rs.8000/- w.e.f. year 2012 and subsequent increment and to pay them the arrears of balance amount after deducting the amount of remuneration which has already been paid to the petitioner within a period of two months from the date of

Patna High Court CWJC No.4539 of 2022 dt.09-05-2024 3/3 receipt/production of a copy of this order.

5. With the aforesaid directions, this writ application stands disposed of.

(Anjani Kumar Sharan, J) anand/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.05.2024 Transmission Date NA