Md. Jamil Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6444 of 2025 ====================================================== 1.

Md. Jamil Akhtar son of Late Md. Luquman Ali, resident of villageSandalpur, P.O.-Ahilgaon, P.S. and District-Araria. 2.

Md. Alauddin son of Late Md. Wazuddin, resident of village-Sandalpur, P.O.-Ahilgaon, P.S. and District-Araria.

3.

Md. Zaidullah son of Md. Sajjad Ali, resident of village-Baishakha Ghat, P.O.-Guru Bazar, P.S.-Barari, District-Katihar. 4.

Md. Azimuddin son of Late Shekh Buniyad Ali, resident of villagePiparpati, P.O.-Ekamba, P.S.-Jalalgarh, District-Purnea. 5.

Md. Tahir, son of Late Mohammad Mumtaz Ali, resident of village-Pirganj, P.O and P.S.- Harda, District-Purnea.

6.

Anwarah Khatoon wife of Late Md. Masoor Alam, resident villageMaheshwa, P.O.-Khudna Rupaspur, P.S.-Rautara, District-Katihar. 7.

Minara Khatoon wife of Late Luquman Ali, resident of village-Sandalpur, P.O.-Ahilgaon, P.S. and District-Araria.

8.

Farida Khatoon, wife of Md. Abuzar, resident of village-Tinpania, P.O.- Kheriya, P.S.-Korha, District-Katihar.

9.

Shahid Anwar, son of Late Md. Noor Alam, resident of village-Kumhara, P.O.-Khudna Rupaspur, P.S.-Rautara, District-Katihar. 10.

Mili Begum wife of Late Wazir Mohammad, resident of village and P.O.- Ahilgaon, P.S. Jalalgarh, District-Purnea.

11.

Md. Murtaza, son of Late Md. Giyasuddin, resident of village-Sandalpur, P.O.-Ahilgaon, P.S. and District-Araria.

12.

Dulha Khatoon wife of Late Md. Hashimuddin, resident of villageSandalpur, P.O.-Ahilgaon, P.S. and District-Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Education Department, Bihar, Patna.

2.

The Additional Chief Secretary Education Department, Bihar, Patna. 3.

The Principal Secretary Finance Department, Bihar, Patna. 4.

The Bihar State Madarsa Education Board, Patna through its Secretary, 5, Vidyapati Marg, Kotwali, Patna-1.

5.

The District Education Officer, Araria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Nandan Prasad For the Respondent/s :

Mr. Ajay Behari Sinha, Government Advocate (8)

Patna High Court CWJC No.6444 of 2025(2) dt.21-04-2025 2/3 For the Madrasad Board :

Mr. Shahzad Hassan Khan, Advocate Mr. Md. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-04-2025

1. Heard the parties.

2. Petitioners are the teachers working in non-government recognized (aided) Madarsas, have filed the present writ application for a direction to the respondent authorities to grant benefit of revisional pay scale under 5th, 6th & 7th pay revision.

3. Learned counsel for the petitioner submits that similar issue regarding entitlement of revisional pay scale under 5th & 6th pay revision to the teaching and non-teaching staffs of the non-government recognized (aided) Sanskrit schools in the same manner as allowed to the teaching and non- teaching staffs in the government schools has been decided by a Division Bench of this court in LPA No. 43 of 2016 [Baidyanath Jha vs The State of Bihar & Ors.] and analogous cases.

4. Learned counsel for the state as well as the Madarsa Board jointly submit that the prayer made in the writ application is fully covered by Division Bench judgment of this court in Baidyanath Jha case (supra).

5. Having heard learned counsel for the parties and taking into consideration the nature of prayer made in this writ application and the fact that parties have agreed that the prayer

Patna High Court CWJC No.6444 of 2025(2) dt.21-04-2025 3/3 made in the writ application is covered by Division Bench judgment of this court, this writ application is disposed with liberty to the petitioners to file a representation before the respondent no. 5 - District Education Officer, Araria along with Division Bench judgment of this court within a period of fifteen days and if such a representation is filed, the District Education Officer, Araria shall dispose the same in the light of Division Bench judgment within a further period of two months.

6. If the petitioners are found entitled for revisional pay scale, the same shall be paid to the petitioners within a period of one month from the date of disposal of the representation. (Anil Kumar Sinha, J) praful/- U