Md. Zunnu Rain And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3351 of 2018 In Civil Writ Jurisdiction Case No.14725 of 2016 ====================================================== 1.

Md. Zunnu Rain and Ors son of Late Zahidurrahman resident of VillageSehangaon Bahikol, P.O.- Dhanpatganj, P.S.- Kochadhaman, DistrictKishanganj, at present posted as Primary Teacher at Primary School, Tangi Kochadhaman, Kishanganj.

2.

Sabih Sarwar son of Late Zahidurrahman resident of Village- Tena, P.O.P.S.- Kochadhaman, Dstrict- Kishanganj, at present posted as Primary Teacher at Upgraded Middle School, Danti Kochadhaman, P.S.- Kochadhaman, District- Kishanganj.

3.

Md. Imran son of Late Md. Hafiz Alam resident of Village- Titiha, P.O.- Haldikhora, P.S.- Kochadhaman, District- Kishanganj. at present posted as Primary Teacher at Upgraded Middle School, Bhag Punas Kochadhaman, P.S.- Kochadhaman, District- Kishanganj.

4.

Saroj Kumar Sharma son of Late Sanatan Prasad Sharma resident of VillagePharabari, P.O.- Lahiari, P.S.- Teragach, District- Kishanganj, at present posted as Assistant Teacher at Upgraded Middle School, Maheshbathan Kishanganj Kishanganj.

5.

Md. Munazirul Hussain son of Late Md. Alam resident of VillagePeshiatoli, P.O.- Meharaganj, P.S.- Bahadurganj, District- Kishanganj, at present posted as Primary Teacher at Upgraded Middle School, Lohiakandar Bahadurganj, District- Kishanganj.

6.

Indradeo Kumar son of Late Udit Lal Singh resident of Village- Birnea, P.O.- Sameshwar, P.S.- Bahadurganj, District- Kishanganj. at present posted as PrimaryTeacher at Upgraded Middle School, Khangara Dighal Bank, District- Kishanganj.

7.

Satyapal Prabhakar son of Late Lal Bahadur resident of Village- Teachers Colony, Bahadurganj, P.O.P.S.- Bahadurganj, District- Kishanganj, at present posted as PrimaryTeacher at Upgraded Middle School, KanyaveniBahadurganj, District- Kishanganj.

8.

Md. Nawed Alam son of Late Md. Ashfaque Alam resident of VillageDharhat, P.O.- Singhari Hat, P.S.- Bahadurganj, District- Kishanganj, at present posted as PrimaryTeacher at Primary School, Pahatgaon Bahadurganj, P.S.- Bahadurganj, District- Kishanganj. 9.

Prabhat Kumar Ranjan son of Late Amrit Prasad Singh resident of VillageRahmanganj, P.O.P.S.- Bahadurganj, District- Kishanganj. at present posted as Primary Teacher at Primary School, at Upgraded Middle School, Siktihar Bahadurganj, District- Kishanganj.

10.

Jeetmal Kumar Baitha son of Late Teli Lal Baitha resident of VillageRupnihat, P.S.- Bahadurganj, District- Kishanganj, at present posted as Primary Teacher at Primary School, Kamat Tola, Durgapur Bahadurganj, District- Kishanganj.

11.

Rishikesh Sinha son of Late Nagendra Narayan Sinha resident of VillageBaisa, P.O.- Bishanpur, P.S.- Bahadurganj, District- Kishanganj, at present

2/4 posted as Primary Teacher at Primary School, Pahatgaon Bahadurganj, District- Kishanganj.

12.

Mahboob Elahi son of Late Md. Noor Elahi resident of Village- Artiatola, Kashibari, P.O.P.S.- Tokihat, District- Araria, at present posted as Primary Teacher at Upgraded Middle School, Sapita Bishanpur Kochadhaman, District- Kishanganj.

13.

Zafar Alam son of Late Md. Suleman resident of Village- Istambrar, P.O.- Bara Istambrar, P.S.- Jokihat, District- Araria, at present posted as Primary School, Chainpur Kochadhaman, District- Kishanganj. 14.

Md. Shaharwardi @ Md. Shahwardi son of Late Nuruzzama resident of Village- Kathalbari Chainpur, P.O.- Nishindra Kochadhaman, P.S.- Kochadhaman, District- Kishanganj, at present posted as Primary Teacher at Primary School, Chainpur Kochadhaman, District- Kishanganj. 15.

Kishore Kumar Singh son of Late Mewa Lal Singh resident of VillageGopalpur, P.O.- Natuapara, P.S.- Bahadurganj, District- Kishanganj, at present posted as Primary Teacher at Primary School, Saanda Bahadurganj District- Kishanganj.

16.

Md. Margood son of Late Md. Raisuddin @ Late Md. Rais resident of Village- Jawey, P.O.- Jawey, P.S.- Bhawanipur, District- Purnea, at present posted as Primary Teacher at Middle School, Bhurkunda Bhawanipur, District- Purnea.

17.

Ashraf Matin son of Late Abdul Matin resident of Village- Kusha, P.O.- Mazgaman, P.S.- Kasba, District- Purnea. at present posted as Primary Teacher at Middle School, Dubaili Kasba, District- Purnea. 18.

Dinesh Kumar Singh @ Dinesh Kumar son of Late Bhagwat Prasad Sharma resident of Village- Katiaya, P.O.- Barhari, P.S.- Bhawanipur, DistrictPurnea, at present posted as Primary Teacher at Primary School, Bela Prasadi Rupauli, District- Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar 3.

Sr. M.S. Chongthu, The Secretary, Education Department, New Secretariat, Bihar, Patna.

4.

Sri M.S. Chongthu, The Special Secretary, Education Department, Bihar, Patna.

5.

Sri Manish Kumar Verma, Director, Primary Education, Education Department, Bihar, Patna.

6.

Sri Dr. Chandra Prakash, The Regional Deputy Director of Education, Purnea Commissionary, Purnea.

7.

Sri Vishwanath Sah, The District Education Officer, Kishanganj. 8.

Sri Mithilesh Prasad Singh, The District Education Officer, Purnea. 9.

Sri Devendra Jha, The District Programme Officer Establishment, Kishanganj.

10.

Sri Chandra Shekhar Sharma, The District Programme Officer, Purnea.

3/4 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Braj Kishore Singh For the Opposite Party/s :

Smt. Shilpa Singh Ga 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-07-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Learned counsel appearing on behalf of the opposite parties would submit with reference to Annexure-B that decision was taken in favour of the petitioners vide memo no. 372 dated 30.3.2019 and petitioners have been granted the benefit of matric trained scale with effect from 1.10.2003. Learned counsel appearing on behalf of the petitioners would submit that decision has been taken but the monetary benefit has not been extended to the petitioners as yet. In view of the above, the present proceeding is dropped. The application is disposed of with direction to the Sr. Account Officer and District Account Officer, Kishanganj to take appropriate steps in furtherance of the direction issued by this Court in C.W.J.C. No. 14725 of 2016 dated 30.3.2018 and the office order contained in memo no. 372 dated 30.3.2019 at the earliest, preferably within a period of 30 days from the date of receipt/production of a copy of this order.

4/4 In the event, the Treasury Officer fails to comply the direction, liberty shall be available to the petitioners to file fresh application for appropriate action in contempt proceeding. (Anil Kumar Upadhyay, J) Ravi/- U