Kumar Vinay Ranjan And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16309 of 2015 ====================================================== 1.

Kumar Vinay Ranjan, aged about 46 years, Son of Late Jagat Narayan Singh, resident of Village - Ram Nagar Diyara, P.O. - Ram Nagar Diyara, P.S. - Athmalgola, District - Patna.

2.

Ramanugrah Prasad son of Shri Harihar Singh resident of Village - Baltharva-via-Bikramganj, District - Rohtas.

3.

Prabhat Kumar, Son of Shri Pancham Lal, resident of Village - Naya Tola, Patam, P.O. - Patam-via-Jamalpur, District - Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Human Resource Development Department, Government of Bihar, Patna.

3.

The Director, Secondary Education, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Priyadarshi, Advocate For the State :

Mr. Ravi Ranjan, AC to SC 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-02-2023 Heard the parties.

2. The petitioners by way of this writ petition has prayed as under:

"I. To command the Respondents and direct them to fix and pay the scale of Rs. 930034800 with grade pay of Rs. 4600 instead of scale of Rs. 5200-20200 with grade pay of Rs. 1900, treating the Petitioners at par with graduate trained teachers, the Petitioners being

Patna High Court CWJC No.16309 of 2015(2) dt.24-02-2023 2/3 untrained teachers have also fallen under single classification of assistant teachers in Nationalised/Project High School of the State of Bihar and have been provided lesser scale vide two letters contained in Memo No. 438 [Annexure-4] and Memo No. 439 [Annexure- 3] dated 22.06.2013.

II. To hold and declare Petitioners entitled for scale of pay band II. which is scale of Rs. 9300-34800 with grade pay of Rs. 4600 as they are also assistant teachers within the definition of "Teachers" and have been performing similar nature of duties that are being performed by graduate trained teachers. III. Alternatively, to order the Respondents to send the Petitioners on B.Ed., training and it be ensured by them that the Petitioners complete their training within a stipulated period as provided under the policy norms of the Government.

IV. To direct the Respondents to pay the regular scale of Rs. 9300-34800 with grade pay of Rs. 4600 following petitioners are made entitled to get the same and also direct the Respondents to pay differences of arrears of salary to the Petitioners.

V. Any other reliefs to which the petitioner found entitled during course of hearing."

3. Considering it that this matter is covered by the Judgment dated 23.02.2022, passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J. 381, 2022 (2) P.L.J.R. 80 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), this writ petition is

Patna High Court CWJC No.16309 of 2015(2) dt.24-02-2023 3/3 dismissed with liberty to file appeal before the concerned District Appellate Authority.

(Sanjeev Prakash Sharma, J) P. Kumar Item No. 26 U