Mahendra Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8311 of 2023 ====================================================== 1.

Mahendra Tiwari Son of Late basudeo Tiwari Resident of Village-Tajpur, P.S.-Baruraj, District-Muzaffarpur.

2.

Pushpa devi Wife of Late Shyam Narayan Mishra Resident of Pakri, P.O.- Jasauli, P.S.-Baruraj , District-Muzaffarpur ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Primary Education, Government of Bihar, Patna. 4.

The District Education Officer, Muzaffarpur.

5.

The District Program officer (Estb.) Muzaffarpur 6.

The Treasury officer, Muzaffarpur Treasuty, Muzaffarpur. 7.

The Accountant General , Bihar, Patna.

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

For the Petitioner/s :

Mr.Uday Prakash Shrarma For the Respondent/s :

Mr.Kameshwar Kumar (Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-11-2024 Heard learned counsel for the petitioners and learned counsel for the respondent/State.

2. This writ petition has been filed for following reliefs:- "I. For issuance of an appropriate writ/s, order/s, direction/s in the nature of MANDAMUS commanding and directing the respondent to grant the petitioners selection scale(grade-3) 5500-1759000 with effect from 01.04.1998 as per decision taken vide office order contained in memo no. 3886 dated 05.07.2014 (Annexure-1) whereby other similarly teachers were granted the same. II. for issuance of an appropriate writs in the nature of mandamus commanding and directing the respondent to pay the arrears of salary with

Patna High Court CWJC No.8311 of 2023(2) dt.26-11-2024 2/2 penal and statutory interest to the petitioners from the date of 01.04.1998.

III. for any other reliefs which the Hon'ble court may deem fit and proper in the fact and circumstance of the case."

3. Learned counsel for the petitioners requests for disposal of the writ petition granting liberty to the petitioners to file fresh representation before the respondent no. 5/District Program Officer (Estb.), Muzaffarpur.

4. Considering the nature of grievance, the writ petition is disposed of with liberty, as indicated above.

5. If such representation is filed within four weeks from today, the concerned respondent(s) shall examine the same and pass speaking order after hearing the parties in accordance with law within a period of six months from the date of filing of such representation.

6. Needless to state here that the issue of limitation, if any, arises, the same may be considered as the petitioner was pursuing the matter before this Court.

7. With above observation and direction, the writ petition stands disposed of.

(Prabhat Kumar Singh, J) anay U