Uday Chandra Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5500 of 2024 Mohan Jha son of Late Baidyanath Jha, resident of Village-Ghoghardiha, Police Station-Ghoghardiha, District-Madhubani. Mangnu Jha son of Late Dev Murlidhar Jha, resident of Village-Beloncha, Police Station-Lakhnaur, District-Madhubani.
Veena Devi, Wife of Late Chitranjan Sen, resident of Village-Baika, Police Station-Phulparas, District-Madhubani.
Hrishikesh Jha Son of Late Sita Ram Jha, resident of Village-Chikna, Police Station-Ghoghardiha, District-Madhubani.
Prabha Devi, wife of Late Uday Chandra Mishra, resident of Village-Chikna, Police Station-Ghoghardiha, District-Madhubani. Trilok Nath Jha, son of Late Pitamber Jha, resident of Village-Chikna, Police Station-Ghoghardiha, District-Madhubani.
Mina Devi, wife of Late Bhagwan Jha, resident of Village-Kachhui, Police Station-Lakhnaur, District-Madhubani.
Rati Kant Thakur, son of Late Shashi Kant Thakur, resident of VillageDhakjari, Police Station-Arer, District-Madhubani. 9.
Baijanti Kumari, wife of Shri Ratikant Thakur, resident of Village-Dhakjari, Police Station-Arer, District-Madhubani.
10.
Shiv Kant Jha, son of Late Yugeshwar Jha, resident of Village-Raiyam, Police Station-Bhairavsthan, District-Madhubani. 11.
Chameli Devi, Wife of Late Upendra Kumar Jha, resident of VillageRaiyam, Police Station-Bhairavsthan, District-Madhubani. 12.
Shanti Devi, Wife of Late Madhav Mishra, resident of Village-Tatuar, Police Station-Manigachhi, District-Madhubani.
13.
Niras Mishra, Son of Late Hardeo Mishra, resident of Village-Kharrak, Police Station-Bhairavsthan, District-Madhubani. 14.
Phool Devi, Wife of Late Bhavanand Jha, resident of Village-Barahgoria, Police Station-Pandaul, District-Madhubani.
The State of Bihar through its Principal Secretary, Department of Education, Government of Bihar, Patna.
The Special Director, Secondary Education (In Charge Sanskrit), Department of Education, Government of Bihar, Patna.
2/7 The Chairman, Bihar Sanskrit Shiksha Board, Patna. The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... Respondent/s with Civil Writ Jurisdiction Case No. 5931 of 2024 Vindhya Nath Jha Son of Late Baidyanath Jha Resident of Village Gajhara, Police Station Ladania, District - Madhubani. Bhadra Nath Mishra, Son of Late Dev Nandan Mishra Resident of Village Gajhara, Police Station Ladania, District - Madhubani. Raj Kumar Jha, Son of Late Uma Kant Jha Resident of Village Gajhara, Police Station Ladania, District - Madhubani. Dharm Narayan Mishra, Son of Late Lakshmeshwar Mishra Resident of Village Gajhara, Police Station Ladania, District - Madhubani. Sudarshan Jha, Son of Late Shubh Chandra Jha Resident of Village Gajhara, Police Station Ladania, District - Madhubani.
Bindeshwar Jha, Son of Late Bhairab Jha Resident of Village Gajhara, Police Station Ladania, District - Madhubani. Chanda Devi, Wife of Late Ganga Nand Jha, Resident of Village Bharaam, Police Station Jhanjharpur, District - Madhubani. Basudev Jha, Son of Late Jagannath Jha, Resident of Village Sugauna, Police Station- Rajnagar, District - Madhubani. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.
The Special Director, Secondary Education (In-charge Sanskrit), Department of Education, Government of Bihar, Patna.
The Chairman, Bihar Sanskrit Shiksha Board, Patna. The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... ... Respondent/s with Civil Writ Jurisdiction Case No. 7825 of 2024
3/7 Nagendra Narayan Jha Son of Late Raghvendra Narayan Jha Resident of Village- Mohan Bahera, Police Station - Bahera, District - Darbhanga. Renu Devi, Wife of Late Ram Ratan Jha, Resident of Village- Mohan Bahera, Police Station - Bahera, District - Darbhanga. Ram Murti Jha, Son of Late Tej Narayan Jha, Resident of Village- Mohan Bahera, Police Station - Bahera, District - Darbhanga. Amar Rekha Jha Wife of Late Ram Mohan Jha, Resident of Village- Mohan Bahera, Police Station - Bahera, District - Darbhanga. Durga Nandan Mishra, Son of Late Lakshman Mishra, Resident of Village - Ramauli, Poloce Station - Bahera, District - Darbhanga. Kishori Devi, Wife of Late Bhav Nath Jha, Resident of Village - Lawani, Police Station - Bahera, District - Darbhanga. Upendra Narayan Jha, Son of Late Gulli Ram Jha, Resident of Village - Dakhram, Police Station - Bahera, District - Darbhanga. Ram Gulam Jha, Son of Late Dev Narayan Jha Resident of Village - Dakhram, Police Station - Bahera, District - Darbhanga. 9.
Bimla Devi, Wife of Late Bhola Jha, Resident of Village - Dakhram, Police Station - Bahera, District - Darbhanga.
10.
Nirmala Devi Wife of Late Rajendra Jha, Resident of Village - Dakhram, Police Station - Bahera, District - Darbhanga. 11.
Bimla Devi, Wife of Late Subodh Narayan Jha, Resident of Village - Dakhram, Police Station - Bahera, District - Darbhanga. 12.
Harihar Prasad, Son of Late Ram Chandra Prasad, Resident of Village - Bahera, Police Station - Bahera, District - Darbhanga. 13.
Triveni Devi, Wife of Late Shiva Nand Jha, RNawadaesident of Village - Lakshmanpur, Police Station - Bahera, District - Darbhanga. 14.
Ram Kumar Jha, Son of Late Ram Lalit Jha, Resident of Village - Nawada, Police Station - Bahera, District - Darbhanga. 15.
Baleshwar Mishra, Son of Late Tripti Narayan Jha, Resident of Village - Tumaul, Police Station - Ghanshyampur, District - Darbhanga. 16.
Nirmala Kumari, Wife of Dr. Surendra Choudhary, Resident of Village - Tatuar, Police Station - Manigachhi, District - Darbhanga. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.
The Special Director, Secondary Education (In charge Sanskrit), Department of Education, Government of Bihar, Patna.
4/7 The Chairman, Bihar Sanskrit Shiksha Board, Patna. The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... Respondent/s with Civil Writ Jurisdiction Case No. 7858 of 2024 Uday Chandra Mishra Son of Late Jivachh Mishra, Resident of Village - Dherukh, Police Station - Bahera, District - Darbhanga. Bal Krishna Thakur, Son of Late Munindra Narayan Thakur, Village Ghonghaiya, Police Station - Bahera, District - Darbhanga. Chandra Devi, Wife of Late Madhu Kant Thakur, Resident of Village Ghonghaiya, Police Station - Bahera, District - Darbhanga. Madna Nand Thakur, Son of Late Indra Narayan Thakur, Resident of Village Ghonghaiya, Police Station - Bahera, District - Darbhanga. Vijay Kumar Thakur, Son of Late Jai Govind Thakur, Resident of Village - Majkhaura, Police Station - Bahera, District - Darbhanga.
Rama Nath Mishra, Son of Uday Chandra Mishra, Resident of Village - Dherukh, Police Station - Bahera, District - Darbhanga. Krishna Kumar Mishra, Son of Late Jibachh Mishra, Resident of Village - Dherukh, Police Station - Bahera, District - Darbhanga. Pawan Kumar Jha, Son of Late Medha Kant Jha, Resident of Village Mau Behat, Police Station - Bajjitpur, District - Darbhanga. 9.
Krishna Dev Mishra, Son of Late Ram Swarup Mishra, Resident of Village - Tumaul, Police Station - Bahera, District - Darbhanga. 10.
Vinay Kumar Jha, Son of Late Pashupathi Jha, Resident of Village Mau Behat, Police Station - Bajjitpur, District - Darbhanga. 11.
Babu Saheb Jha, Son of Late Nathe Jha, Resident of Village - Dhan Sain, Police Station - Ali Nagar, District - Darbhanga. 12.
Mahesh Kant Mishra, Son of Late Gosai Mishra, Resident of Village Jaidevpatti, Police Station - Ghanshyampur, District - Darbhanga. 13.
Amar Nath Jha, Son of Late Baidyanath Jha, Resident of Village- Belam, Police Station - Bahera, District - Darbhanga. 14.
Durga Nand Jha, Son of Late Jibachh Jha, Resident of Village Mau Behat, Police Station-Bajjitpur, District - Darbhanga. 15.
Uday Chandra Jha, Son of Late Tara Kant Jha, Resident of Village - Devram, Police Station-Bajjitpur, District - Darbhanga. 16.
Harishchandra Thakur, Son of Late Ram Udar Thakur, Resident of Village - Devram, Police Station - Bajjitpur, District - Darbhanga. 17.
Maya Shanker Jha, Son of Late Radha Kant Jha, Resident of VillageNawada, Police Station - Bahera, District - Darbhanga. 18.
Nand Kumar Thakur, Son of Late Jai Govind Thakur, Resident of Village
5/7 Majhaura, Police Station - Bahera, District - Darbhanga. 19.
Sukh Sagar Devi, Wife of Late Yoganand Jha, Resident of Village - Devram, Police Station-Bajjitpur, District - Darbhanga. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.
The Special Director, Secondary Education (Incharge Sanskrit), Department of Education, Government of Bihar, Patna.
The Chairman, Bihar Sanskrit Shiksha Board, Patna. The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... ... Respondent/s Appearance :
(In Civil Writ Jurisdiction Case No. 5500 of 2024) For the Petitioner/s :
Mr.Hemant Kumar Jha For the Respondent/s :
Mr.Government Pleader 24 (In Civil Writ Jurisdiction Case No. 5931 of 2024) For the Petitioner/s :
Mr.Hemant Kumar Jha For the Respondent/s :
Mr.Government Pleader (25) (In Civil Writ Jurisdiction Case No. 7825 of 2024) For the Petitioner/s :
Mr.Hemant Kumar Jha For the Respondent/s :
Mr.Government Pleader 2 (In Civil Writ Jurisdiction Case No. 7858 of 2024) For the Petitioner/s :
Mr.Hemant Kumar Jha For the Respondent/s :
Mr.Government Advocate 13 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-05-2024 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Bihar Sanskrit Shiksha Board.
The present writ application has been filed by the petitioner for issuance of a writ in the nature of mandamus
6/7 and/or any other appropriate writ, order or direction, directing and commanding the respondents to make payment of arrear by way of differential amount of salary in the revised pay scale under 5th and 6th pay revision in the same manner as allowed to the teaching and non-teaching staffs of the Government Schools together with Dearness Allowance admissible thereon as has been directed by the Division Bench of this Hon'ble Court in L.P.A. No.43 of 2016 and analogous cases vide order dated 13.08.2019.
Learned counsel for the petitioners submits that the petitioners' case is fully covered by the judgment passed by this Court in L.P.A. No.43 of 2016 and analogous cases. Considering the aforesaid facts, since the case of the petitioners stand on similar footing to that of the petitioners of L.P.A. No.43 of 2016, there is no requirement to keep pending the present writ application in want of counter-affidavit. Accordingly, the petitioners are directed to file a detailed representation along with a copy of the order passed in the L.P.A. No.43 of 2016, before the respondent no.5 and 6 within a period of four weeks.
The respondent no.5 and 6 are directed to dispose off the representation of the petitioners by passing a reasoned and
7/7 speaking order in accordance with law, within a period of ten weeks from the date of filing of such representation by the petitioners and respondent no.5 and 6 is directed to personally hear the petitioners or their counsel and pay the claim/admitted dues of the petitioners.
The respondent no.5 and 6 are directed to ensure compliance of this order and if the representation of the petitioners is not considered within the stipulated period, the respondent no.5 shall be personally held responsible for noncomplying the order of this Court. With the aforesaid directions, this writ application is hereby disposed off.
(Anjani Kumar Sharan, J) shikha/- U