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Patna High CourtCWJC/24872/2018disposed

Jahangir Alam And ORS v. The State Of Bihar And ORS

2019-10-17Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24872 of 2018 ====================================================== 1.

Jahangir Alam Son of Late Adalat Ansari resident of Mansa Tola, Police Station-Muffasil, District-West Champaran.

2.

Shanti Kumari wife of Late Suresh Pandey resident of Mangalpur Gudariya, Police Station- Nautan, District-West Champaran 3.

Suresh Kumar, Son of Late Gopal Ram Resident of Ujjain Tola, Ward No.- 35, Police Station- Muffasil, District-West Champaran. 4.

Sanjay Kumar Gupta Son of Banka Prasad Resident of Elamram Chauk, Mistoli, Ward No.-17, Police Station- Bettiah City, District- West Champaran 5.

Rathin Chandra Das son of Late Brajwsi Das resident of Manjhariya Colony, Bairiya, Police Station-Bairiya, District- West Champaran. 6.

Ashok Kumar Baitha son of Laxman Prasad Baitha resident of Ujjain Tola, Ward No.-35, Police Station- Muffasil, District-West Champaran 7.

Rameshwari Kumari daughter of Late Janki Ram resident of Piunibag, Basawariya, Police Station-Bettiah CityTown, District- West Champaran. 8.

Dinesh Prasad, Son of Late Ram Bhajan Prasad resident of Majhauwa, Police Station- Laukariya, District-West Champaran. 9.

Sudarshan Chakarwarti son of Late Risikesh Chakarwarti resident of Rajendra Nagar, New Colony, Kali Bagh, Police Station- Bettiah Cityfl'own}, District- West Champaran.

10.

Lal Bachan Ram son of Mangal Ram resident of Jai Nagar, P.O.- Parsahani, Police Station- Laukariya, District-West Charnparan 11.

Dhanushdhari Sah, son of Late Ramapati Sah Resident of Turhapatti, P.O.- Chuhari, Police Station- Chanpatiya, District- West Champaran. 12.

Arvind Kumar Srivastava, son of Late Anand Bihari Srivastwa resident of Magadwa, P.O.-Ratanmala, Police Station- Majhauliya, District-West Champaran.

13.

Vishvanath Saha son of Lal Das Saha, Resident and Police Station- Muffasil, Bettiah, District-West Charnparan.

14.

Manoj Kumar son of Late Yamuna Prasad resident of Suganv, Police Station- Sugauli, District- West Champaran.

15.

Budhan Ram son of Bhikhari Ram resident of Pakadiya, Police StationJagdishpur, District-West Champaran 16.

Shravan Ram son of Gulchan Ram resident of Maduwaha, Police StationNautan, District-West Champaran. 17.

Vidya Sagar Ram son of Late Jaleshwar Bhagat Resident of Gamhariya, Police Station-Jagdishpur, District- West Champaran 18.

Priyaranjan Kumar Bhaskar son of Bhuwal Prasad resident of Hari Batika Chauk, Bettiah, Police Station-Bettiah CityTown, District- West Champaran 19.

Md. Gulab Noor son of Late Abdul Rahman resident of Purainiya, Police Station- Balthar, District- West Champaran.

20.

Sundarman Ram son of Late Tulsi Ram resident of Mushaharwa, Police Station- Sathi, District-West Champaran

Patna High Court CWJC No.24872 of 2018(3) dt.17-10-2019 2/3 21.

Binay Kumar Jha son of Late Ramshankar Jha resident of Kila Raj Kachahari, Police Station-Bettiah CityTown, District-West Champaran 22.

Shyam Kishore Hazra son of Late Raghuvir Hazra resident of Ratanmala, Police Station-Majhauliya, District-West Champaran 23.

Abid Hussain son of late Jamil Akhtar resident of Rupwaliya, Police StationSikarpur, District-West Champaran 24.

Rajendra Ram son of Chhtradhari Ram resident of Serahwa, P.O.-Manwa Parsi, Police Station- Shikarpur, District-West Champaran. 25.

Ravindra Kumar Sharma son of Kamlakant Sharma Resident of Ratanpura, Police Station- Chanpatiya, District- West Champaran 26.

Raiful Alam Ansari @ Raiful son of Late Md. Khalil Ansari resident of Gidha, P. O.- Chaubey Tola, Police Station - Chanpatiya, District- West Champaran 27.

Vinayak Ram son of Late Ram Briksha Ram resident of Tadhwanand, Bairiya, Police Station- Bairiya, District-West Champaran 28.

Prabhat Ranjan Mishra son of Srikant Mishra resident and Police StationThakaraha, District- West Champaran 29.

Rama Rani wife of Ajay Kumar Singh Sesident of Ganj No.-2, Shankar Chauk, Bettiah, Police Station- Bettiah CityTown, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Secretary, Human Resource and Development Department, Govt. of Bihar, Patna 3.

The Director, Primary Education, Education Department, Govt. of Bihar, Patna.

4.

The District Superintendent of Education, West Champaran, at Bettiah. 5.

The District Education Officer, West Champaran, at Bettiah . ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Zainul Abedin For the Respondent/s :

Mr.Prabhat Ranjan Singh -Aag15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-10-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Grievance of the petitioners in the present writ application is non payment of arrears of salary during the period the petitioners were sent for in service training.

Patna High Court CWJC No.24872 of 2018(3) dt.17-10-2019 3/3 Learned counsel for the petitioners submits that similarly circumstanced other teachers who had been sent for in service training have been paid salary but the petitioners have been discriminated in the matter of payment of salary for the period the petitioners were undergoing training. Considering the aforesaid, the writ petition is disposed of with a direction to the respondent District Education Officer, West Champaran at Bettiah to take appropriate decision on the representation filed by the petitioners contained in Annexure-4 and 5 and ensure payment of salary for the aforesaid period, the petitioner were undergoing training, if similarly circumstanced others have been paid salary during the period of undergoing training.

Necessary decision in this regard may be taken by the respondent District Education Officer at the earliest, preferably within a period of sixty days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U