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Patna High CourtCWJC/4644/2011disposed

Niranjan Jha v. The State Of Bihar And ORS

2015-03-27Mr. Justice V.N. Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4644 of 2011 =========================================================== Niranjan Jha, S/O Late Chhote Lal Jha, R/O At And P.O. + Village - Dharmagatpur Gangati, P.S.- Sakra, Distt.- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, HRD Department, Govt. of Bihar, Patna

2. The Bihar Sanskrit Education Board through its Secretary having office at Patna

3. The District Education Officer, Muzaffarpur

4. The Sanatan Brahmacharya Sanskrit High School, Ganghati Muzaffarpur, through its Principal .... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 4645 of 2011 =========================================================== Sri Nand Kishor Singh, S/O Late Ram Briksh Singh, R/O At And P.O. + VillageNemopur, P.S.- Sakra, Distt.- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, HRD Department, Govt. of Bihar, Patna

2. The Bihar Sanskrit Education Board through its Secretary having office at Patna

3. The District Education Officer, Muzaffarpur

4. The Sanatan Brahmacharya Sanskrit High School, Ganghati Muzaffarpur, through its Principal .... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 4180 of 2011 =========================================================== Kedar Prasad Singh, S/O Late Ram Chandra Pd. Singh. At and P.O. + Village Mohammadpur Shivrah, P.S. Sakra, Distt. Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, HRD Department, Govt. of Bihar, Patna

2. The Bihar Sanskrit Education Board through its Secretary having office at Patna

3. The District Education Officer, Muzaffarpur

4. The Sanatan Brahmacharya Sanskrit High School, Ganghati Muzaffarpur, through its Principal .

.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 4467 of 2011 ===========================================================

Patna High Court CWJC No.4644 of 2011 dt.27-03-2015 2/3 Sri Vinay Kumar Singh, son of Late Nand Kishore Singh, At and P.O. + Village Mohamadpur, P.S. Sakra, Dist. Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, HRD Department, Govt. of Bihar, Patna

2. The Bihar Sanskrit Education Board through its Secretary having office at Patna

3. The District Education Officer, Muzaffarpur

4. The Sanatan Brahmacharya Sanskrit High School, Ganghati Muzaffarpur, through its Principal .... .... Respondent/s =========================================================== Appearance :

(In CWJC No. 4644 of 2011) For the Petitioner/s : Mr. Awadh Bihari Ojha, Sr. Advocate For the State : Mr. Jawahar Pd. Karn, AAG-4 For BSSB : Mr. Shashank Shekhar Jha, Advocate (In CWJC No. 4645 of 2011) For the Petitioner/s : Mr. Awadh Bihari Ojha, Sr. Advocate For BSSB : Mr. Shashank Shekhar Jha, Advocate (In CWJC No. 4180 of 2011) For the Petitioner/s : Mr. Awadh Bihari Ojha, Sr. Advocate Mr. S.N. Jha, Advocate Mr. Bharat Bhusan, Advocate For BSSB : Mr. Shashank Shekhar Jha, Advocate (In CWJC No. 4467 of 2011) For the Petitioner/s : Mr. Awadh Bihari Ojha, Sr. Advocate Mr. S.N. Jha, Advocate Mr. Bharat Bhusan, Advocate For BSSB : Mr. Shashank Shekhar Jha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL JUDGMENT Date: 27-03-2015 Heard learned counsel for the petitioners and the State.

2.

Petitioners are the teaching/ non-teaching employees serving in 531 recognised Sanskrit Schools. They have superannuated from service after 01.01.1996 and prior to 01.04.2013. They have filed this writ petition praying inter alia to direct the StateRespondents to grant them the benefit of the scale which has been

Patna High Court CWJC No.4644 of 2011 dt.27-03-2015 3/3 made admissible to the teaching/ non-teaching employees of 531 recognised Sanskrit Schools with effect from 01.04.2013, as according to them, from 01.01.1996 till 31.03.2013 they could not be allowed the benefit of the 5th, 6th Pay Revision Recommendation and were paid salary only as per 4th Pay Revision Recommendation.

3. It is submitted on behalf of the petitioners that had they been in service on 01.04.2013 they would have got the benefit of resolution of the Government dated 01.04.2013 and seek direction from this Court on the respondents to pay them the arrears of difference of pay scale for the period between 01.01.1996 till the date of their superannuation.

4. I see substance in the submission of the counsel for the petitioners. If petitioners have not been granted the benefit of the pay revision for the period 01.01.1996 till the date of their superannuation, they are certainly entitled for grant of benefit in the light of the resolution of the Government dated 31.08.2013, Annexure-A to the counter affidavit filed in C.W.J.C. No. 4644 of 2011 until the date of their superannuation. With the said direction, I dispose of the four writ petition(s).

(V.N. Sinha, J.) Rajesh/- U