Sushila Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7701 of 2016 ====================================================== Sushila Mishra D/o Sri Maharaj Narayan Mishra, Hasanpur, Ballipur, Varanasi. At present posted as a Assistant teacher of High School, Karnpura, Durgawati, P.S. - Durgawati, District - Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 2.

The Director, Secondary Education, Human Resources Development Department, Government of Bihar, Patna 3.

The Regional Deputy Director of Education, Patna Division, Patna. 4.

The District Education Officer, Kaimur at Bhabua. 5.

The District Program Offier Establishment Bhabua, District - Kaimur at Bhabua.

6.

The Headmaster, Adarsh Balika Uchcha Vidyalaya, Ramgarh, District - Kaimuar at Bhabua.

7.

The Headmaster of High School, Karnpura, P.S. - Durgawati , District - Kaimur at Bhabua.

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Respondent/s :

Mrs. Binita Singh SC- 28 AC to SC 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-06-2024

1. Learned counsel for the petitioner submits that the case of the petitioner is covered by the judgment rendered in C.W.J.C. No. 11428 of 2012 dated 06.07.2012. He further submits that pursuant to the order passed in the aforesaid writ application, the Director, Secondary Education, Bihar Patna has issued a letter dated 26.03.2013 granting pay scale to similarly situated Project Teachers with effect from 01.01.1982 but the petitioner is being paid the scale w.e.f. 01.04.1986. He relies

Patna High Court CWJC No.7701 of 2016(5) dt.24-06-2024 2/2 upon the order dated 03.12.2018 passed in C.W.J.C. No. 19340 of 2015 by a Co-ordinate Bench of this Court.

2. Having heard learned counsel for the parties and without going into the merit of the case, the application is disposed with a direction to the respondents to examine the claim of the petitioner and if it is found that the case of the petitioner is covered by the order passed in C.W.J.C. No. 11428 of 2012 and other similar cases, the petitioner should be extended similar benefit in view of the litigation policy of the State.

3. Necessary decision in this regard may be taken by the respondents within a period of five months from the date of receipt / production of a copy of this order. (Anil Kumar Sinha, J) praful/- U