Rakesh Ranjan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11473 of 2019 ====================================================== Rakesh Ranjan Choudhary Son of Sri Ramakant Choudhary, @ Ram Mantra Choudhary, Resident of Village-Patori, PS-Moro, District-Darbhanga at Present Posted as Assistant Teacher, Middle School Rampur Dih, Under Hanuman Nagar Block, District-Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Additional Chief Secretary Cum-Principal Secretary, department of Education, Govt. of BIhar, Patna.

3.

The Director, Primary Education, Department of Education, Patna. 4.

The District Education Officer, Darbhanga.

5.

The District Programme Officer (Establishment), Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishnu Kant Dubey For the Respondent/s :

Mr.Subhash Chandra Mishra (Sc16) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-06-2019 The present writ petition has been filed for directing the respondents to make payment of arrears of salary in light of the judgment rendered by the Hon'ble Apex Court in the case of Mukesh & Ors. Vs. The State of Bihar & Ors.), as reported in (2017) 5 SCC 383.

The learned counsel for the petitioner submits that the petitioner was also one of the appellants in the case of Mukesh Kumar & Ors. (supra) and since others have been granted arrears of salary, in light of the judgment of the Hon'ble Apex Court, as aforesaid, the petitioner be also granted the arrears of salary on similar terms.

Patna High Court CWJC No.11473 of 2019(2) dt.18-06-2019 2/2 The learned counsel for the respondents submits that the respondent no.5 shall examine the case of the petitioner and in case, the petitioner is similarly situated, similar relief shall be granted to the petitioner herein.

Having regard to the facts and circumstances of the case, the present writ petition is disposed of with liberty to the petitioner to file appropriate representation before the respondent no.5 within a period of four weeks from today, whereafter the respondent no.5 shall consider the case of the petitioner in light of the judgment rendered by the Hon'ble Apex Court in the case of Mukesh & Ors. (supra) and pass a reasoned order within a period of eight weeks thereafter and in case the petitioner is found to be similarly situated, similar benefits would be extended to him within a period of four weeks, therefrom.

(Mohit Kumar Shah, J) Tiwary/- U