Prem Chandra Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8046 of 2024 ====================================================== 1.
Prem Chandra Jha Son of Late Krishna Ballabh Jha Residents of Village - Phulparas, Police Station Phulparas, District - Madhubani. 2.
Vishnu Mohan Jha Son of Late Bhaveshwar Jha Residents of Village - Phulparas, Police Station Phulparas, District - Madhubani. 3.
Tara Nand Jha Son of Late Abhay Kant Jha, Residents of Village - Phulparas, Police Station Phulparas, District - Madhubani. 4.
Amar Nath Jha Son of Late Uma Nath Jha, Residents of Village - Phulparas, Police Station Phulparas, District - Madhubani. 5.
Vijay Kumar Jha Son of Late Govind Mohan Jha, Residents of Village - Phulparas, Police Station Phulparas, District - Madhubani. 6.
Shital Prasad Jha Son of Late Jagdish Jha, Resident of Village - Gara Tola Police Station - Phulparas, District - Madhubani. 7.
Pratap Kumar Jha Son of Late Birendra Narayan Jha, Resident of VillageDhanaiya, Police Station Phulparas, District- Madhubani. 8.
Hari Mohan Jha Son of Late Sushil Jha, Residents of Village - Gara Tola, Police Station - Phulparas, District - Madhubani. 9.
Janki Prasad Jha Son of Late Kusheshwar Jha Residents of Village - Gara Tola, Police Station - Phulparas, District - Madhubani. 10.
Bharat Mishra Residents of Village - Gara Tola, Police Station - Phulparas, District - Madhubani.
11.
Suman Kumar Jha Son of Late Hira Nand Jha Residents of Village - Gara Tola, Police Station - Phulparas, District - Madhubani. 12.
Keshav Jha Son of Late Trilok Nath Jha Residents of Village - Gara Tola, Police Station - Phulparas, District - Madhubani. 13.
Krishna Dev Jha, Son of Late Khela Nand Jha, Resident of Village Bel Mohan, Police Station - Phulparas, District - Madhubani. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.
2.
The Principal Secretary, Department of Education, Government of Bihar, Patna.
3.
The Principal Secretary, Department of Finance, Government of Bihar, Patna.
4.
The Special Director, Secondary Education (Inocharge Sanskrit), Department of Education, Government of Bihar, Patna. 5.
The District Education Officer, Madhubani.
6.
The District Programme Officer, Establishment, Madhubani. 7.
The Chairman, Bihar Sanskrit Shiksha Board, Patna. 8.
The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar Jha, Advocate For the Respondent/s :
Mr. Government Advocate (11)
Patna High Court CWJC No.8046 of 2024(2) dt.24-06-2024 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2024 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Sanskrit Shiksha Board.
2. The petitioners are filing this writ application for issuance of a writ in the nature of mandamus 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, 6th and 7th 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.
3. Learned counsel for the petitioners submit that the case of the petitioners are fully covered by the judgment passed by this Court in L.P.A. No.43 of 2016 and analogous cases.
4. Considering the aforesaid facts, since the case of the petitioners stands on similar footing to that of the petitioners of L.P.A. No.43 of 2016, there is no requirement to keep the
Patna High Court CWJC No.8046 of 2024(2) dt.24-06-2024 3/3 present writ application pending.
5. Accordingly, petitioners are directed to file a detailed representation along with a copy of the order passed in L.P.A. No.43 of 2016, before the respondent no.5 within a period of four weeks and the respondent no.5 is well advised to consider the case of the petitioner and dispose of the representation of the petitioner after affording an opportunity of personal hearing or through his counsel and pass a reasoned and speaking order in accordance with law and in light of the order passed in L.P.A. No.43 of 2016 within six weeks from the date of filing of such representation by the petitioners and also pay the claim/admitted dues of the petitioner.
6. It is made clear that respondent no.5 shall be personally held responsible for non-compliance of this order within the stipulated period.
7. With the aforesaid directions, this writ application stands disposed of.
(Anjani Kumar Sharan, J) Guddu/- U