Roshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8394 of 2022 ====================================================== 1.

Roshan Kumar S/o Byas Prasad Resident of Village-Pathara, P.S.- Manjhagarh, District-Gopalgnaj.

2.

Dinesh Prasad Yadav S/o Paras Prasad Yadav Resident of Village-Madhana, District-Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secrerary, Primary Education, Government of Bihar.

2.

The Princpal Secretary, Human Resource Department, Government of Bihar. 3.

The Deputy Secretary, Education Department, Government of Bihar. 4.

The District Magistrate, Gopalganj.

5.

The District Education Officer, Gopalganj.

6.

The Block Education Officer, Block-Manjha, District-Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Srivastava, Adv.

Mr. Aishwarya Nand Kumar, Adv.

For the Respondent/s :

Smt. Shilpa Singh ( GA- 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 18-08-2022 The petitioner has prayed for the following reliefs:-

1. For issuance of writ/writs, order/orders in the nature of mandamus for commanding/directing the respondents for considering the representation filed b the petitioners who are working as Panchayat Teachers under Manjha Block, Gopalganj district, for the fixation of their pay scale (15% enhancement of salary) with effect from 01.04.2021 in view of the gazette notification dated 30.11.2021 issued by the Deputy Secretary, Education Department, Government of Bihar (Respondent

Patna High Court CWJC No.8394 of 2022(2) dt.18-08-2022 2/2 No.3).

2. Further for directing the respondents to take appropriate action against the Block Education Officer, Manjha block, Gopalganj district (Respondent No.6) who is demanding illegal gratification for fixation of pay scale and verification of service book of the petitioners. In this regard, the petitioners also submitted their representation along with proof on 25.02.2022 before the higher official i.e. respondent no.4, the District Magistrate, Gopalganj and Respondent No.5 i.e. the District Education Officer, Gopalganj but until now no response has been given and the grievance of the petitioners relating to the fixation of their pay scale has not been addressed. In view of judgment dated 23.02.2012, passed in C.W.J.C. No.5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.), this writ petition is dismissed with liberty to file an appeal before the District Appellate Authority/State Appellate Authority.

(Sanjeev Prakash Sharma, J) amit/- Item no.52 U