Devi Nath Singh Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8866 of 2023 ====================================================== 1.
Devi Nath Singh Thakur Son of Late Hare Kant Jha, Resident of VillageBhaur, Police Station- Pandaul, District- Madhubani. 2.
Dinesh Jha Son of Late Hare Kant Jha, Resident of Village- Bithuar, Police Station- Pandaul, District- Madhubani.
3.
Usha Devi Wife of Late Mahindra Thakur, Resident of Village- Pacharhi, Police Station- Pandaul, District- Madhubani. 4.
Mamta Nand Pathak Son of Late Radha Kant Pathak, Resident of VillageBharia, Police Station- Rajnagar, District- Madhubani. 5.
Maha Kant Choudhary Son of Late Surya Narayan Choudhary, Resident of Village- Bhaur, Police Station- Pandaul, 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 Special Director, Secondary Education, Government of Bihar, Patna. 4.
The Deputy Secretary, Department of Education, Bihar, Patna. 5.
The District Education Officer-cum-District Planning Officer, Madhubani. 6.
The District Planning Officer, 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, Adv.
For the State :
Mr.Kameshwar Kumar, GP-17 For the Board :
Mr. Satyam Shivam Sundaram, Adv.
Mr. Chandra Shekhar Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 29-03-2024 Heard learned counsels for the parties.
2. This is an application for issuance of a writ in the nature of mandamus and/or any other writ/order/direction
Patna High Court CWJC No.8866 of 2023 dt.29-03-2024 2/3 directing and commanding the respondents to make payment of 6th and 7th pay revision with effect from 01.04.2013 and 07.03.2019, respectively to the petitioners, who retired on different dates as teaching and non-teaching staffs of the NonGovernment Recognized (Aided) Sanskrit Schools of Primary, Middle and Secondary standards in the same manner as allowed to the teaching and non-teaching staffs in the Government Schools together with Dearness Allowance admissible thereon as has been provided by memo no. 799 dated 09.09.2020 issued under the signature of Deputy Secretary, Department of Education, Bihar, Patna.
3. 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.
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 pending the present writ application.
5. 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 nos. 5 & 6 within a period of four weeks.
Patna High Court CWJC No.8866 of 2023 dt.29-03-2024 3/3
6. Accordingly, respondent nos. 5 & 6 are well advised to consider the case of the petitioners and dispose of the respresentation of the petitioners after affording an opportunity of personal hearing or through their 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 eight weeks from the date of filing of such representation by the petitioners and also pay the claim/admitted dues of the petitioners.
7. It is made clear that respondent nos. 5 & 6 shall be personally held responsible for non-compliance of this order within the stipulated period.
8. With the aforesaid directions, this application stands disposed of.
(Anjani Kumar Sharan, J) divyanshi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.04.2024 Transmission Date NA