Tulanand Mandal, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9729 of 2019 ====================================================== 1.

Tulanand Mandal, Son of Late Bhuwneshwar Mandal @ Bhawaneshwar Mandal, Resident of Village- Charrapatti, P.O. Dobha, P.S.- Tikapatti, District- Purnea. Presently posted as Science Teacher in Mhaballa, BlockRupauli, District- Purnea. 2.

Ajay Kumar, Son of Late Jayanarayan Mandal, Resident of Village and P.O. and P.S.- Tikapatti, Block- Rupauli, Via- Ayodhyaganj Bazar Kursella, District Purnea, Presently posted as Science Teacher in Girls Middle School, Goriar, Block- Rupauli, District- Purnea.

... ... Petitioner/s

Versus

1.

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

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 Regional Deputy Director of Education, Purnea. 6.

The District Education Officer, Purnea.

7.

The District Programme Officer (Establishment), Purnea. 8.

The Block Education Officer, Rupauli, Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar For the Respondent/s :

Mr.Subash Chandra Mishra (Sc16) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-05-2019 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

Patna High Court CWJC No.9729 of 2019(2) dt.01-05-2019 2/2 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.7 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.7 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