Arvind Kumar Mishra, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7579 of 2024 ====================================================== 1.
Arvind Kumar Mishra, Son of Shri Ghuran Mishra, Resident of Village - Kharaajpur, Police Station - Bahadurpur, District - Darbhanga. 2.
Subhash Chandra, Son of Shri Shakti Nath Jha, Resident of Village - Harri, Police Station - Rudrapur, District - Madhubani. 3.
Murari Kumar Jha, Son of Shri Shashi Kant Jha, Resident of Village - Harri, Police Station - Rudrapur, District - Madhubani. 4.
Dharmendra Kumar Mishra, Son of Shri Gauri Kant Mishra, Resident of Village - Durgauli, Police Station - Benipatti, District - Madhubani. 5.
Ashok Kumar Mishra, Son of Shri Kishor Mishra, Resident of Village - Lagma, Police Station - Sakalpur, District - Darbhanga. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.
2.
The Principal Secretary, Department of Education, Government of Bihar, Patna.
3.
The Joint Secretary, Education Department, Bihar, Patna. 4.
The Special Director, Secondary Education, Bihar, Patna. 5.
Bihar Sanskrit Shiksha Board, Patna through its Secretary. 6.
The Chairman, Bihar Sanskrit Shiksha Board, Patna. 7.
The District Education Officer, Madhubani.
8.
The District Programme Officer, Establishment, Madhubani. 9.
The Managing Committee of Chandeshwar Sanskrit Prathmik Sah Madhya Vidyalaya, Harri, Andrhathari, Madhubani through its secretary, Bimla Kumari.
10.
The Managing Committee of Gauri Shanker Bheshnath Sanskrit Madhya Vidyalaya, Gangauli, Pandaul, Madhubani through is Secretary, Dinesh Jha. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hemant Kumar Jha, Adv For BSSB Mr. S.S. Sundram, Adv.
Mr. Shashank Shekhar, Adv.
For the Respondent/s :
Mr.Standing Counsel 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2024 Heard the parties.
2. Both the counsels agree with this fact that the issue involved in the present writ petition stands finally adjudicated by the Division Bench of this Court in C.W.J.C. No. 15299 of
Patna High Court CWJC No.7579 of 2024(2) dt.09-05-2024 2/2 2015 and connected petitions wherein the Division Bench has relied upon its earlier judgment passed in C.W.J.C. No. 985 of 2015 decided on 27.03.2019 whereby the Memo, dated August, 2013, filed by the respondents was quashed. It would be apposite to quote the order passed by the Division Bench on 27.03.2019 in C.W.J.C. No. 15299 of 2015:
"These five writ petitions related to the claim of salary by such teacher who are appointed in Sanskrit Schools and who claim to have been recognized prior to 15.02.2011 and are amongst the 531 schools who were on the grant-in-aid list prior to the aforesaid date. These petitioners have also been deprived of the benefits to which they were entitled by the impugned resolution dated 31st August, 2013 which has already been quashed by us today to the extent indicated in our judgment in C.W.J.C. No. 985 of 2015 and, therefore, the petitioners would also be entitled to the same benefits on the same terms."
3. In view of the above, the petitioners too would be entitled to the regular pay scale as they were appointed as Sanskrit School Teachers, which was recognized prior to 15.02.2011.
4. Accordingly, this writ petition is allowed with all consequential benefits quashing Annexures- 4 and 5 of the writ petition.
(Anjani Kumar Sharan, J) devendra/- U