Girdhari Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6005 of 2023 ====================================================== Girdhari Rajak Son of Ram Rajak, Resident of Village-Bichhway, DistrictLakhisarai, presently posted as Trained Graduate Teacher at Middle School, Pawai, District-Lakhisarai.

... ... Petitioner/s

Versus

1.

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

2.

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

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

4.

The Regional Deputy Director, Munger Division, Education Department, Government of Bihar, Patna.

5.

The District Education Officer, Lakhisarai.

6.

The District Program Officer (Establishment), Education Department, Lakhisarai.

7.

The Block Education Officer, Lakhisarai.

8.

Headmaster of Marked Middle Schools Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Anand, Advocate For the Respondent/s :

Mr. Madan Jeet Kumar (GP-20) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2024 Heard learned counsel for the petitioner and respondents.

2. The petitioner has approached this Court for a direction to the respondents to grant Matric Trained Scale from the date of appointment and senior scale after completion of 12 years of service.

3. Learned counsel for the petitioners submits that the issue raised in this writ application is no more res integra, as this issue was decided by a Co-ordinate Bench of

Patna High Court CWJC No.6005 of 2023(2) dt.11-11-2024 2/2 this Court in C.W.J.C. No. 6139 of 2007 and the order passed in C.W.J.C. No. 6139 of 2007 was approved by the Division Bench of this Court vide judgment dated 16.08.2017 passed in L.P.A. No. 756 of 2015.

3. In view of the aforesaid, the writ application is disposed of with a direction to the District Education Officer, Lakhisarai to take final decision on the claim of the petitioner for grant of Matric Trained Scale from the date of his initial appointment and the senior scale from the date he has completed 12 years of service in the light of the order passed in C.W.J.C. No.6139 of 2007 and L.P.A. No. 756 of 2015. The entire exercise in this regard must be completed by the District Education Officer, Lakhisarai within a period of 90 days from the date of receipt/production of a copy of this order and the consequential benefits must be extended to the petitioner within a further period of 3 months from the date of such decision.

4. Writ petition stands disposed of in the aforesaid terms.

(Prabhat Kumar Singh, J) utkarsh/- U