Kaushal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7941 of 2019 ====================================================== 1.

Kaushal Singh Son of Late Jaishree Prasad Singh, Resident of VillageSingathiya, Police Station- Wazirganj, District- Gaya. At present posted and Working as Headmaster in Govt. Middle School Naudihakala, AnchalWazirganj, District- Gaya. 2.

Bipin Kumar Son of Late Shivdani Singh, Resident of Village- Pura, Police Station- Wazirganj, District- Gaya. At present posted and Working as Headmaster in Govt. Middle School Bichcha, Anchal- Wazirganj, DistrictGaya. 3.

Pawan Kumar Praveen Son of Late Sachidanand Singh, Resident of Village and Post Office- Bhadokhara, Police Station- Muffasil Nawada, DistrictNawada. At present posted and working as Headmaster in Govt. Middle School Ghuriyawan, Anchal -Wazirganj, District- Gaya. 4.

Pramod Kumar Son of Yamuna Singh, Resident of Village- Barauli, Police Station- Narhat, District- Nawada. At present posted and Working as an Assistant Teacher in Govt. Middle School Naudihakala, Anchal- Wazirganj, 5.

Arun Kumar, Son of Jairam Prasad, resident of Village and Post OfficeDariyapur, Police Station- Atari, District- Gaya. At present posted and Working as an Assistant Teacher in Govt. Middle School Jagatpur, Anchal6. Dhananjay Kumar Son of Late Krishnadeo Singh, Resident of VillageKatghir, Police Station- Hasua, District- Nawada. At present posted and working as Headmaster in Govt. Middle School Firozpur, Anchal- Mohra, 7.

Rakesh Kumar, Son of Bindeshwari Prasad, Resident of Village- Devachak, Police Station- Wazirganj, District- Gaya. At present posted and working as Headmaster in Govt. Middle School Tetaroo, Anchal- Mohra, District- Gaya. 8.

Shashi Kant Kumar Sudhanshu Son of Chandeshwar Singh, Resident of Village- Babhandi, Police Station- Wazirganj, District- Gaya. At present posted and working as Headmaster in Govt. Middle School Chandaila, 9.

Suresh Chaudhary Son of Ramchartira Choudhary, Resident of VillageSodhna, Police Station- Chakand District- Gaya. At present posted and Working as trained graduate teacher in Govt. Middle School Dariyapur, 10.

Surendra Kumar, Son of Late Ramanugrah Prasad Sharma, Resident of Village- Murgiyachak, Police Station- Wazirganj, District- Gaya. At present posted and Working as an Assistant Teacher in Govt. Middle School Baikathpur, Anchal- Mohra, District- Gaya.

11.

Upendra Nath Kaushal, Son of Late Madan Mohan Pandey, Resident of Village Baikathpur, Police Station- Atari, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Primary School Makhdumpur, Anchal- Wazirganj, District- Gaya.

12.

Rajendra Das Son of Devki Ram, Resident of Village- Dakhingaon, Police

2/5 Station- Wazirganj, District- Gaya. At present posted and Working as an Assistant Teacher in Govt. Middle School, Ghuraha, Anchal- Wazirganj, 13.

Niranjan Kumar, Son of Late Krishnanandan Singh, Resident of Village and Post Office- Adhwan, Police Station- Wazirganj, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Middle School Cheya, 14.

Budhdeo Das Son of Videshi Das, Resident of Village- Karjara, Police Station- Wazirganj, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Middle School, Puraini, Anchal- Mohra, DistrictGaya. 15.

Akhileshwar Kumar Son of Late Jairam Singh, Resident of Village and Post Office- Budhwara, Police Station- Hisua, District- Nawada. At present posted and Working as an Assistant Teacher in Govt. Middle School Sarsu, 16.

Tarkeshwar Das, Son of Late Saryu Das, Residetn of Village- Matokhar, Police Station- Sheikhpura, District- Sheikhpura. At present posted and Working as an Assistant Teacher in Govt. Middle School Jagatpur, Anchal17. Ranjit Kumar Nirala Son of Mosafir Prasad, Resident of Village- Bahera, Police Station- Wazirganj, District- Gaya. At present posted and working as Headmaster in Govt. Middle School Pale, Anchal- Wazirganj, DistrictGaya. 18.

Awadh Kumar Singh, Sonof Late Vidyanand Singh, Resident of VillageBela, Police Station- Atari, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Middle School Bela, Anchal- Mohra, DistrictGaya. 19.

Manoj Kumar Son of Ramnaresh Singh, Resident of Village and Post Office- Maghda, Police Station- Bihar, District- Nalanda. At present posted and working as an Assistant Teacher in Govt. Middle School Amaur, AnchalFatehpur, District- Gaya. 20.

Anup Kumar Son of Late Bhagirath Paswan Resident of Village- Tilora, Police Station- Wazirganj, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Middle School Dhandhar, Anchal- Wazirganj, 21.

Akhilesh Son of Late Kameshwar Singh, Resident of Village- Tilora, Police Station- Wazirganj, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Middle School Barhi Bigha, Anchal- Wazirganj, 22.

Ravindra Kumar, Son of Late Dinanath Sharma, Resident of Village and Post Office- Dhansingara, Police Station- Khizersarai, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Gurunanak Middle School Gaya, Anchal- Gaya, District- Gaya. 23.

Manoj Kumar Son of Alakhdeo Prasad, Resident of Village- Chandaura, Police Station- Rajgir, District- Nalanda. At present posted and working as an Assistant Teacher in Govt. Middle School Mahugain, Anchal- Wazirganj,

3/5 24.

M. Parwez Abdi Son of Late Serajpur Rahmani Abdi, Resident of MohallaGareriya Khand, Police Station- Jehanabad, District- Jehanabad. At present posted and working as Headmaster in Govt. Middle School Birne, AnchalWazirganj, District- Gaya. 25.

Navin Kumar, Son of Late Shivdeo Singh Singh, Resident of Village- Dema Fatehpur, Police Station- Khizersarai, District- Gaya. At present posted and working as Headmaster in Govt. Middle School Gendopur, Anchal- Mohra, 26.

Arun Rajak, Son of Lakhan Rajak, Resident of Village- Punawan, Police Station- Wazirganj, District- Gaya. At present posted and working as Headmaster in Govt. Middle School Seera, Anchal- Mohra, District- Gaya. 27.

Dilip Kumar Singh Son of Late Ramdas Singh, Resident of VillageMalathiya, Police Station- Wazirganj, District- Gaya. At present posted and Working as a Headmaster in Govt. Middle School Bhojpur, AnchalWazirganj, District- Gaya. 28.

Dadan Kumar Singh, Son of Late Sitaram Singh, Resident of VillageMalathiya, Police Station- Wazirganj, District- Gaya. At present posted and Working as a Headmaster in Govt. Middle School Aer, Anchal- Mohra, 29.

Dhananjay Kumar Singh, Son of Muneshwar Prasad Singh, Resident of Village- Dakhingaon, Police Station- Wazirganj, District- Gaya. At present posted and working as a Headmaster in Govt. Middle School Jota, Anchal30. Umesh Kumar Son of Litu Prasad, Resident of Village and Post OfficeBhaga, Police Station - Jhariya, District- Dhanbad (Jharkhand). At present posted and Working as a Headmaster in Govt. Middle School Damodara, 31.

Kumar Om Prakash Son of Dinbandhu Prasad, Resident of VillageSuryapura, Police Station- Bodh Gaya, District- Gaya. At present posted and Working as an Assistant Teacher in Govt. Middle School Matihani, AnchalBodh Gaya, District- Gaya. 32.

Rudradeo Kumar, Son of Mohan Prasad, Resident of Village- Mai, Police Station- Hilsa, District- Nalanda. At present posted and Working as an Assistant Teacher in Govt. Middle School Matihani, Anchal- Bodh Gaya, 33.

Manoj Bihari Pandey, Son of Braj Kishor Pandey, Resident of VillageTharthari Dih, Police Station- Chandi, District- Gaya. At present posted and working as Headmaster in Govt. Middle School Dhandhar, AnchalWazirganj, District- Gaya. 34.

Adhish Kumar Sinha Son of Umesh Chandra Prasad, Resident of MohallaNadraganj, Police Station- Civil Lines, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Middle School Phurhuriya, Anchal- Paraiya, District- Gaya.

35.

Pramod Kumar, Son of Late Sidheshwar Singh, Resident of Village- Hadsa, Police Station- Hisua, District- Nawada. At present posted and working as an Assistant Teacher in Govt. Middle School Karisowa, Anchal- Wazirganj,

4/5 36.

Arun Kumar, Son of Late Chandeshwar Singh, Resident of Village- Barat, Police Station- Sitamarhi, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Middle School Karisowa, Anchal- Wazirganj, ... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

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

3.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

4.

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

The District Education Officer, District- Gaya. 6.

The District Programme Officer (Establishment) District- Gaya. 7.

The Block Education Officer, Wazirganj, District- Gaya. 8.

The Block Education Officer, Mohra, District- Gaya. 9.

The Block Education Officer, Fatehpur, District- Gaya. 10.

The Block Education Officer, Gaya, District- Gaya. 11.

The Block Education Officer, Bodh Gaya, District- Gaya. 12.

The Block Education Officer, Paraiya, District- Gaya. 13.

The District Accounts Officer, District- Gaya. 14.

The District Treasury Officer, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-04-2019 Heard the learned counsel for the petitioners and the learned counsel appearing for the State.

The present writ petition has been filed for issuing a direction to the respondents to grant senior pay scale on completion of 12 years.

The learned counsel for the petitioners submits that

5/5 the issue raised in the present writ petition is no more res integra. A coordinate Bench of this Court had already decided the issue vide order dated 31.03.2011 passed in CWJC No. 6139 of 2007 (Ram Ashis Tiwary & others vs. The State of Bihar and others) and the order of the Writ Court was affirmed in L.P.A. No. 756 of 2015 dated 16.08.2017.

In above view of the matter, the present writ petition is disposed of with a direction to the respondent No.6 to examine the case of the petitioners in light of the decision of the Writ Court in C.W. J.C. No. 6139 of 2007 dated 31.03.2011 as affirmed in L.P.A. No. 756 of 2015 dated 16.08.2017 and the final decision in this regard must be taken by the respondent No.6 within a period of two months from the date of receipt/ production of a copy of this order and all consequential benefits including the monetary benefit should be extended to the petitioners within a period of one month thereafter. The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U