Ramanand Sagar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8373 of 2020 ====================================================== 1.

Ramanand Sagar Son of Ramdeo Prasad, Resident of Mohalla- Parsobigha, Police Station- Barbigha, District- Sheikhpura 2.

Kamal Nayan @ Kamal Meyan Son of Kailash Prasad, Resident of MohallaNarayanpur, Police Station- Barbigha, District- Sheikhpura 3.

Ram Prasad Chaudhary Son of Hari Chaudhary, Resident of MohallaNarayanpur, Police Station- Barbigha, District- Sheikhpura 4.

Mahesh Kumar, Son of Ramdeo Singh, Resident of Sheopuri, Police StationBarbigha, District- Sheikhpura 5.

Asurari Prasad, Son of Durga Prasad, Resident of Mohalla- Patel Nagar, Police Station- Barbigha, District- Sheikhpura 6.

Uday Kumar Mantu Son of Naurangi Das, Resident of Mohalla- Shanti Nagar, Police Station- Barbigha, District- Sheikhpura 7.

Gautam Son of Sahdeo Prasad, Resident of Village- Nagdih, Police StationBarbigha, District- Sheikhpura 8.

Vijay Singh, Son of Ramanugrah Singh, Resident of Mohalla- Sheopuri, Police Station- Barbigha, District- Sheikhpura 9.

Mukesh Kumar Son of Shailendra Kumar, Resident of Pain, Police StationSheikhpura, District- Sheikhpura 10.

Vidyarthi Kumar Son of Kishori Prasad Yadav, Resident of MohallaGuffaphar Dhaneshwar Ghat, Police Station- Sohsarai, District- Sheikhpura 11.

Rajendra Prasad, Son of Baidhnath Prasad, Resident of Village- Lutaut, Police Station- Sheikhpura, District- Sheikhpura 12.

Md. Namul Hoda, Resident of Mohalla- Amdanda, Police StationAmdanda, District- Bhagalpur 13.

Rekha Verma Wife of Krishnandan Prasad Verma Resident of Charuawan, Police Station- Barbigha, District- Sheikhpura 14.

Umesh Rajak Son of Kishori Prasad Resident of Mohalla- Mohallapur, Police Station- Barbigha, District- Sheikhpura 15.

Saket Kumar son of Ram chandra Prasad Singh Resident of Belaon, Police Station- Barbigha, District- Sheikhpura 16.

Gajendra Kumar Pandey, Son of Udit Pandey Resident of Babhanbigha Road, Police Station- Barbigha, District- Sheikhpura 17.

Dinesh Kumar, Son of Bodhan Yadav, Resident of Village- Barui, Police Station- Barbigha, District- Sheikhpura 18.

Mundrika Jha Son of Brahamdeo Jha, Resident of village- Mehus, Police Station- Barbigha, District- Sheikhpura 19.

Ashok Kumar Son of Dinesh Prasad Singh, Resident of Othama, Police Station- Barbigha, District- Sheikhpura 20.

Anuj Kumar Pandey Son of Aditya Pandey Resident of Village- Mafi Gali, Police station- Warsaliganj, District- Nawada

2/4 21.

Dhiraj Kumar Son of Tanik Prasad Singh Resident of Village- Shekhpur Dih, Police Station- Shekhopur Sarai, District- Sheikhpura 22.

Rakesh Ranjan Sinha, Son of Sidheshwar Prasad Singh, Resident of villagePain, Police Station- Sheikhpura, District- sheikhpura 23.

Vimal Kishore, Son of Ramdas Yadav, Resident of Village- Dariyapur, Police Station- Barbigha, District- Sheikhpura 24.

Md. Kalamuddin Ansari, Son of Md. Yahiya Ansari, Resident of VillageYahipur, Police Station- Sheikhpura, District- Sheikhpura 25.

Md. Mumtaz Alam Son of Abdul Matin Resident of Village- Ramjanpur, Police Station- Barbigha, District- Sheikhpura 26.

Jitendra Kumar, Son of Kishundeo Singh, Resident of Mohalla- Katari Road, Police Station- Barbigha, District- Sheikhpura 27.

Manoj Kumar Son of Bodhan Yadav, Resident of Barui Police StationBarbigha, District- Sheikhpura 28.

Devendra Kumar, Son of Gopal Sharan Gupta, Resident of MohallaMandapsauna (Bangalipar), Police Station- Barbigha, District- Sheikhpura 29.

Deepak Kumar @ Deepak Kr. Vernwal Son of Krishna Prasad Barnwal Resident of Mohalla- Girihinda, Police Station- Barbigha, DistrictSheikhpura 30.

Renu Kumari Wife of Rajeev Nayan , Resident of Mohalla- Iday, Police Station- Barbigha, District- Sheikhpura 31.

Krishna Kumar Son of Satyawant Sao Resident of Mohalla- Katra Chowk, Police Station- Barbigha, District- Sheikhpura 32.

Vinod Paswan, Son of Moti Paswan, Resident of Mohalla- Katra Chowk, Police Station- Barbigha, District- Sheikhpura ... ... Petitioners

Versus

1.

The State of Bihar 2.

The Additional Chief Secretary-cum-the Principal Secretary, Education Department, Government of Bihar, Patna 3.

The Principal Secretary, Finance Department, Government of Bihar, Patna 4.

The Director, Primary Education, Bihar, Patna 5.

The Joint Secretary, Education Department, Bihar, Patna 6.

The District Education Officer, Sheikhpura 7.

The District Programme Officer (Establishment) Sheikhpura 8.

The Block Education Officer, Sheikhpura, District- Sheikhpura ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr.Bipin Kumar, Advocate For the Respondents :

Mr.Lalit Kishore, Advocate General ======================================================

3/4 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 03-02-2021 Heard learned counsel for the petitioners and learned counsel for the respondents.

Petitioners have approached this Court for a direction to the respondents to quash the order contained in Memo No. 107 dated 04.05.2020 issued under the signature of the District Education Officer, Sheikhpura.

Learned counsel appearing on behalf of the petitioners would submit that the issue involved in the present writ application is no more res integra as the similar issue was decided by this Court in CWJC No. 6139 of 2007 (Ram Ashis Tiwary & others Vs. The State of Bihar & others) which was upheld by the Division Bench of this Court by the judgment dated 16.08.2017 passed in LPA No. 756 of 2015 (The State of Bihar & others Vs. Ram Ashis Tiwari & others). In order to maintain consistency, the present application is disposed of in the following terms:- "The respondents should take steps to adopt their policy on uniform basis and discrimination and pick and choose violates Article 14 of the Constitution of India. It appears that the respondents have also taken a decision to grant senior pay-scale of completion of 12 years. The issue with regard to entitlement of senior pay-scale was considered by this Court in C.W.J.C. No. 6139 of 2007 and the decision were approved in the

4/4 decision of L.P.A. vide L.P.A. No. 756 of 2015. In view of the above, the respondents are directed to ensure payment of matric trained scale and senior scale on completion of 12 years of service and extend the same benefit to the petitioner expeditiously. The entire exercise in this regard must be completed by the respondent authorities within a maximum period of three months from the date of receipt/production of a copy of this order and the necessary consequential benefit including the monetary benefits must be extended to the petitioner within a further period of one month from the date of production of a copy of this order.

(Anil Kumar Upadhyay, J) BT/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 04.02.2021 Transmission Date N.A.