Sushil Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7943 of 2023 ====================================================== 1.

Sushil Kumar Jha Son of Late Jay Narayan Jha Resident of Village-Harasuwar, Police Station-Harlakhi, District-Madhubani. 2.

Ram Pravesh Jha Son of Late Sadanand Jha Resident of Village-Harasuwar, Police Station-Harlakhi, District-Madhubani.

3.

Baboo Saheb Jha Son of Late Raj Nandan Jha Resident of Village-Harasuwar, Police Station-Harlakhi, District-Madhubani. 4.

Raghu Nandan Jha Son of Late Muni Lal Jha Resident of Village-Harasuwar, Police Station-Harlakhi, District-Madhubani. 5.

Bhogendra Jha Son of Late Gena Lal Jha Resident of Village-Parjuar, Police Station-Arer, District-Madhubani.

6.

Mandavi Devi Wife of Late Pramod Chandra Choudhary Resident of Village-Jhitki, Police Station-Khirhar, District-Madhubani. 7.

Raghunath Thakur Son of Late Kapileshwar Thakur Resident of VillagePhent, Police Station-Basopatti, District-Madhubani. 8.

Vishvanath Raut, Son of Late Baleshwar Raut, Resident of Village-Harasuwar, Police Station-Harlakhi, 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 District Education Officer-Cum-District Planning Officer, Madhubani. 5.

The District Programme Officer, Madhubani.

6.

The Chairman, Bihar Sanskrit Shiksha Board, Patna. 7.

The Secrerary, Bihar Sanskrit Shiksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar Jha For the State :

Mr.Narendra Kumar, AC to GP-20 For the Sanskrit 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.

Patna High Court CWJC No.7943 of 2023 dt.29-03-2024 2/3

2. This is an application for issuance of a writ in the nature of mandamus and/or any other writ/order/direction directing and commanding the respondents to make payment of differential amount of salary in the revised pay scale under the 5th and 6th pay revision w.e.f. 01.01.1989 and 01.01.2006, respectively to the petitioners 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 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 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.7943 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