Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10616 of 2019 ====================================================== 1.

Sanjay Kumar Son of Late Ram Sevak Roy, Resident of Smriti Bhawan, Near D.C. College, Dighi Kala East, Police Station- Hajipur Sadar, DistrictVaishali, at present posted as Head Master, Government Middle School, Dighi Kala, Block- Hajipur, District- Vaishali. 2.

Dilip Kumar Son of Shatrughan Prasad Singh, Resident of C/o Sanjay Kumar Sah, Village- Rampur Nawsahan, Samdullahpur Satam, Police Station- Hajipur, District- Vaishali at present posted as Assistant Teacher, Rajkiya Prathmik Vidyalaya, Rampur Naushahan, Police Station- Hajipur, District- Vaishali.

3.

Rajeev Ranjan Son of Ashok Kumar, Resident of Ramjeevan Chak, near Aryan School of Science, Police Station- Hajipur, District- Vaishali, at present posted as Head Master, Upgraded Middle School, Karmopur Knya, Block- Raghopur, District- Vaishali.

4.

Sukhdeo Ram S/o Rameshwar Ram, Resident of Village- Harpur Osti, Police Station- Mahua, District- Vaishali, at present posted as Assistant Teacher, Upgraded Middle School, Parsonia, Police Station- Mahua, District- Vaishali.

5.

Prem Shankar Prasad Son of Tipan Prasad, Resident of Teachers Colony, Near Sonepur Block, P.O. and Police Station- Sonepur, District- Saran at present posted as Head Master Upgraded Middle School, Shyampur, Bairo, Block- Bhagwanpur, District- Vaishali.

6.

Sanjeev Kumar Son of Pyare Lal Srivastav, Resident of Shastrinagar, Police Station- Siwan, District- Siwan, at present posted as Assistant Teacher, N.P.S. Harbanshpur Mushhari, Bhagwanpur, Vaishali. 7.

Sanjeev Kumar Srivastav S/o Satyadev Prasad, Resident of Bharat Bharti High School Ke Pass, Nakhas Chawk, Andar Kila, Police Station- Hajipur, District- Vaishali, at present posted as Assistant Teacher, Government Middle School, Dobghatti, Police Station- Hajipur, District- Vaishali. 8.

Sujit Kumar Jha Son of Harikant Jha, Resident of Village- Harpur Osti, Police Station- Mahua, District- Vaishali, at present posted as Assistant Teacher, Government Primary School, Laxmipur, Police Station- Mahua, District- Vaishali.

9.

Pawan Kumar Son of Late Nawal Kishore Sharma, Resident of Sarsai Rampur Ratnakar, Police Station- Rajapakar, District- Vaishali, at present posted as Assistant Teacher, Government Middle School, Yusufpur Malhai, Block- Bhagwanpur, District- Vaishali.

10.

Prahlad Thakur Son of Kedar Nath Thakur, Resident of Bhagwanpur Station Road, Near Bank of India, Police Station- Bhagwanpur, District- Vaishali at present posted as Head Master, Upgraded Middle School, Rasulpur Sohwan, Block- Bhagwanpur, District- Vaishali.

11.

Naresh Ram Son of Brahmdeo Ram Resident of Near Buttler Campus, Maripur Barhi Tola, Brahmpura, District- Muzaffarpur at present posted as Head Master, Government Middle School, Astpur Satpura, Bhagwanpur, District- Vaishali.

Patna High Court CWJC No.10616 of 2019(2) dt.10-05-2019 2/3 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Bihar, Patna.

2.

The Principal Secretary, Department of Education, Bihar, Patna. 3.

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

4.

The Director, Primary Education, Government of Bihar, Patna. 5.

The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 6.

The District Education Officer, Vaishali.

7.

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

For the Petitioner/s :

Mr.Binod Kumar For the Respondent/s :

Mr.Jitendra Kumar Roy 1 ( Sc13 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-05-2019 Heard the learned counsel for the petitioners and the learned counsel appearing for the State.

The present writ petition has been filed for issuing a direction to the respondents to grant senior pay scale on completion of 12 years.

The learned counsel for the petitioners submits that the issue raised in the present writ petition is no more res integra. A coordinate Bench of this Court had already decided the issue vide order dated 31.03.2011 passed in CWJC No. 6139 of 2007 (Ram Ashis Tiwary & others vs. The State of Bihar and others) and the order of the Writ Court was affirmed in L.P.A. No. 756 of 2015 dated 16.08.2017.

Patna High Court CWJC No.10616 of 2019(2) dt.10-05-2019 3/3 In above view of the matter, the present writ petition is disposed of with a direction to the respondent No.7 to examine the case of the petitioners in light of the decision of the Writ Court in C.W. J.C. No. 6139 of 2007 dated 31.03.2011 as affirmed in L.P.A. No. 756 of 2015 dated 16.08.2017 and the final decision in this regard must be taken by the respondent No.7 within a period of two months from the date of receipt/ production of a copy of this order and all consequential benefits including the monetary benefit should be extended to the petitioners within a period of one month thereafter. The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U