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Patna High CourtCWJC/7923/2024disposed

Kuwar Jha @ Kunwar Jha v. The State Of Bihar

2024-07-23Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7923 of 2024 ====================================================== Kuwar Jha @ Kunwar Jha son of Late Bhogendra Jha Resident of villageBardaha Ward no. 3, P.S- Babubarhi, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Additional Chief Secretary Education Department, Govt. of Bihar, Patna.

2.

The Director of Secondary Education, Govt. of Bihar, Patna, 3.

The Bihar Sanskrit Shiksha Board, Patna through its Secretary. 4.

The Chairman cum Administrator of Bihar Sanskrit Shiksha Board, Patna. 5.

The Secretary of Bihar Sanskrit Shiksha Board, Patna. 6.

The District Education Officer of Madhubani district, Madhubani. 7.

The District Programme Officer of Education Department (Establishment) of Madhubani district.

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

For the Petitioner/s :

Mr. Sanjeev Kumar Jha, Advocate For the Respondent/s :

Mr. Birju Prasad, GP-13 Mrs. Shweta Anand, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 23-07-2024 Learned counsel for the petitioner seeks permission to make necessary correction in sub-para (ii) of para-1 of the writ petition during the course of the day.

2. Permission is granted.

3. Let necessary correction be made in course of the day.

4. Heard the parties.

5. The petitioner by invoking extraordinary writ jurisdiction of this Court under Article 226 of the Constitution

Patna High Court CWJC No.7923 of 2024 dt.23-07-2024 2/3 of India, seeks a direction upon the respondents to ensure payment of remaining dues of arrears of differential amount of 5th and 6th revised pay-scale together with the statutory interest in the light of the judgment dated 13.08.2019 passed by a Division Bench of this Court in L.P.A. No. 43 of 2016 and other analogous cases.

6. Shorn of unnecessary details, learned counsel for the petitioner at the outset submits that the issue raised before this Court has already been set at rest by a Division Bench of this Court in the case of Baidyanath Jha and the State of Bihar and other analogous cases [L.P.A. No. 43 of 2016], the copy of which has been produced as Annexure-P/3 to the writ petition. Referring thereto, learned counsel further submits that the present writ petition may be disposed of in terms of the afore-noted judgment.

7. In view of the submissions made at the Bar, the present writ petition stands disposed of with a direction to the District Programme Officer (Establishment), Madhubani to consider the claim of the petitioner in the light of the judgment passed in Baidyanath Jha (supra), preferably within a period of eight weeks from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.7923 of 2024 dt.23-07-2024 3/3

8. In case, the claim of the petitioner finds favour and identical to those of the writ petitioner(s)/appellant(s) of L.P.A. No. 43 of 2016 and other analgous cases, similar benefit(s) must be accorded to him.

(Harish Kumar, J) rohit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23-07-2024 Transmission Date