Binod Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8498 of 2023 ====================================================== Binod Kumar Mandal Son of Late Kamla Prasad Mandal Resident of Village and P.O.-Achalpur (Dumri) Ward no. 8, P.S.- Raghopur, District-Supaul852109. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

3.

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

The District Education Officer, Supaul.

5.

The District Programme Officer, (Establishment), Supaul, District-Supaul. 6.

The District Treasury Officer, Supaul, District-Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Ravi Shankar, Adv.

For the State :

Mr.Prabhakar Jha, GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 14-05-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. By filing the present writ application, the petitioner has prayed for issuance of an appropriate order/orders, direction/directions including a writ preferably in the nature of mandamus commanding and directing upon the respondents to pay Matric Trained Scale of Rs. 9300-34800 and grade pay 4200 w.e.f. 01.01.2006 to as yet and to grant concerned benefits as well.

Patna High Court CWJC No.8498 of 2023 dt.14-05-2024 2/3

3. Learned counsel for the petitioner submits that the case of the petitioner is duly covered by the judgment passed by a Co-ordinate Bench of this Court in Abdus Samad v. The State of Bihar & Ors in CWJC No. 7322 of 2017 dated 11.04.2018.

4. Learned counsel further submits that the other cases of similarly situated teachers have been decided in terms of Abdus Samad case by this Court in CWJC No. 5092 of 2020.

5. Learned counsel for the State submits that in terms of Abdus Samad case, the petitioner may be directed to file a representation before the District Programme Officer, (Establishment), Supaul.

6. Having heard learned counsels for the parties and taking into consideration the submissions, the writ petition is disposed with liberty to the petitioner to approach the District Programme Officer (Establishment), Supaul (respondent no.5) by filing a representation within a period of two weeks, which shall be decided by respondent no. 5 within a period of two months from the date of receipt of the representation.

7. If it is found that the case of the petitioner is covered by the Abdus Samad, then similar benefits shall be granted to the petitioner.

Patna High Court CWJC No.8498 of 2023 dt.14-05-2024 3/3

8. With the aforesaid observation and direction, the petition stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.05.2024 Transmission Date NA