Manish Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6495 of 2019 ====================================================== Manish Kumar Jha Son of Late Banke Bihari Jha R/o Village-Kasraur (Kasraund), near Jawalamukhi Mandir, P.S. Ghanshyampur, DistrictDarbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary Department of Education, Government of Bihar, Patna 3.

The Special Secretary Department of Education, Government of Bihar, Patna 4.

The Director Primary Education, Department of Education, Government of Bihar, Patna 5.

The District Magistrate Darbhanga 6.

The Regional Deputy Director Education, Darbhanga Division, Darbhanga 7.

The District Education Officer Darbhanga 8.

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

For the Petitioner/s :

Mr.Prafull Chandra Jha For the Respondent/s :

Mr.Jitendra Kr. Roy 1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 03-04-2019 1.

The learned counsel for the petitioner submits that the matter of the petitioner for grant of regular status on regular pay scales along with admissible monetary benefits from the date of appointment is squarely covered by a judgment dated 11.05.2018 passed in CWJC no. 8963 of 2018 (Chandra Shekhar Azad & ors. v. The State of Bihar and ors.), hence similar relief should be granted to the petitioner herein.

Patna High Court CWJC No.6495 of 2019 dt.03-04-2019 2/2 2.

The learned counsel for the petitioner submits that according to the aforesaid judgment, the benefits are to be granted in those cases where the death has taken place prior to 01.07.2006 and in the present case, the death of the father of the petitioner took place on 02.01.2006.

3.

Per contra, the learned counsel for the respondents submits that the case of the petitioner would be examined by the respondent no. 7 and in case, it is found that the case of the petitioner is covered by the aforesaid judgment dated 11.05.2018, similar relief would be granted to the petitioner herein.

3.

Having regard to the submission made by the learned counsel for the parties, the present writ petition is disposed of with a direction to the petitioner to file an appropriate representation before the respondent no. 7 along with certified copy of the present order, which shall be decided by the respondent no. 7 within a period of eight weeks thereafter and in case, it is found that the case of the petitioner is covered by the aforesaid judgment dated 11.05.2018, appropriate relief would be granted to the petitioner in terms thereof and accordingly, the consequential benefits shall also follow. (Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.04.2019 Transmission Date NA