Nagendra Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8907 of 2024 ====================================================== 1 .
Nagendra Mishra Son of Late Tirpit Narayan Mishra Resident of VillageRakhwari, P.S.-Rudrapur, District - Madhubani. 2.
Bhogendra Mishra son of Late Thakkan Mishra Resident of VillageRakhwari, P.S.- Rudrapur, District - Madhubani. 3 .
Ram Narayan Jha son of Visheshwar Jha Resident of Village- Rakhwari, P.S.- Rudrapur, District - Madhubani.
4.
Pawan Kumar Karn Resident of Village- Chirchiri, P.S.- Rajnagar, District - Madhubani.
5 .
Rajiv Kumar Mishra son of Tripit Narayan Mishra Resident of Village - Rakhwari, P.S. Rudrapur, District - Madhubani. 6.
Yamuna Prasad Mahto son of Late Kari Mahto Resident of Village - Adalpur Behat, P.S.- Lakhnaur, District - Madhubani.
7.
Indra Narayan Mishra son of Late Videshwar Mishra Resident of Village - Rakhwari, P.S. - Rudrapur, District - Madhubani. 8 .
Ratish Chandra Mishra son of Late Phucheswar Mishra Resident of Village - Rakhwari, P.S. Rudrapur, District - Madhubani. 9.
Balkrishan Mishra son of Late Thakkan Mishra Resident of VillageRakhwari, P.S.- Rudrapur, District - Madhubani. 10 . Smt Raju Mishra Wife of Nagendra Mishra Resident of Village- Rakhwari, P.S.- Rudrapur, District - Madhubani.
11 . Bhairav Mishra son of Late Bilat Mishra Resident of Village- Rakhwari, P.S.- Rudrapur, District - Madhubani.
12.
Hari Narayan Jha son of Late Jhari Jha Resident of Village- Gonauli, P.S.- Andhara- Thadhi, District - Madhubani.
13 . Surendra Mishra son of Udit Narayan Mishra Resident of Village- Rakhwari, P.S. Rudrapur, District - Madhubani.
14.
Bhogendra Chaudhary, son of Late Hari Narayan Chaudhary Resident of Village- Sahuriya, P.S. - Andhara Thadhi, District - Madhubani. 15.
Shyamanand Jha son of Shudheshwar Jha Resident of Village- Sahuriya, P.S.- Andhara-Thadhi, District - Madhubani.
16 . Shyam Narayan Jha son of Chiranjiv Jha Resident of Village- Sahuriya, P.S.- Andhara-Thadhi, District - Madhubani.
17.
Suresh Chaudhary son of Ram Jivan Chaudhary Resident of VillageSahuriya, P.S.- Andhara-Thadhi, District - Madhubani. 18 . Bimal Chaudhary son of Upendra Chaudhary Resident of Village- Sahuriya, P.S. - Andhara-Thadhi, District - Madhubani.
19.
Rekha Kumari B/O Bhogendra Chaudhary Resident of Village- Sahuriya, P.S. - Andhara-Thadhi, District - Madhubani.
20.
Parvati Kumari wife of Krishana Mohan Chaudhary Resident of Village - Sahuriya, P.S. Andhara-Thadhi, District - Madhubani.
2/5 21 . Pramila Devi @ Parmila Devi wife of Sushil Jha Resident of Village - Sahuriya, P.S.- Andhara-Thadhi, District - Madhubani. 22.
Hira Devi wife of Sufal Chaudhari Resident of Village - Sahuriya, P.S. Andhara- Thadhi, District - Madhubani 23 . Shrawan Kumar Jha son of Shri Krishan Jha Resident of Village- Biduliya, P.S.- Andhara-Thadhi, District - Madhubani.
24 . Bhagwan Jha son of Radha Kant Jha Resident of Village- Shankarpur, P.S. - Bhairav Ashthan, District - Madhubani.
25 . Tripit Narayan Thakur Resident of Village- Shankarpur, P.S.- BhairavAshthan, District - Madhubani. 26 . Gopal Jha son of Ramdev Jha Resident of Village- Shankarpur, P.S.- Bhairav Asthan, District-Madhubani.
27 . Amrika Devi wife of Babu Saheb Jha Resident of Village- Karnpur, P.S. - Rudrapur, District - Madhubani.
28 . Ramawatar Mahto son of Saryug Mahto Resident of Village- Shiva Rampur, P.S. Andhara-Thadhi, District - Madhubani.
29 . Kamlesh Jha son of Chiranjiv Jha Resident of Village - Sahuriya, P.S.- Andhara-Thadhi, District - Madhubani.
30 . Kameshwar Jha son of Late Sushil Jha Resident of Village - Karanpur, P.S. - Rudrapur, District - Madhubani.
31 . Pinki Kumari wife of Pravin Kumar Jha Resident of Village - Sahuriya, P.S. - Andhara- Thadhi, District - Madhubani.
32 . Kali Kant Roy son of Yugeshwar Roy Resident of Village- Khojpur, P.S.- Babubarhi, District - Madhubani.
33 . Triyug Narayan Jha son of Krishana Kant Jha Resident of Village- Bardaha, P.S.- Andhara-Thadhi, District - Madhubani.
34 . Maya Kant Jha son of Yashodhar Jha Resident of Village- Bardaha, P.S.- Andhara-Thadhi, District - Madhubani.
35 . Alik Narayan Jha son of Late Mahadeo Jha Resident of Village- Kalapatti, P.S.- Phulparash, District - Madhubani.
36.
Ram Kripal Yadav son of Amar Yadav Resident of Village- Bela Rauahi, P.S.- Babubarhi, District - Madhubani.
37.
Umanath Jha son of Late Upendra Jha Resident of Village- Barhara, P.S.- Babubarhi, District - Madhubani.
38.
Vinodanand Jha son of Late Sukhdev Jha Resident of Village- Barhara, P.S. Babubarhi, District - Madhubani.
39.
Kamal Kant Jha son of Late Genas Jha Resident of Village - Bela, P.S.- Khutauna, District - Madhubani.
40.
Gayatri Devi wife of Late Maheshwar Jha Resident of Village- Khojpur, P.S.- Babubarhi, District - Madhubani.
... ... Petitioner/s
Versus
1 .
The State of Bihar through the Principal Secretary. Education Department,
3/5 Government of Bihar, Patna 2.
The Special Director, Secondary Education, Government of Bihar, Patna 3 .
The Principal Secretary, Finance Department, Government of Bihar, Patna 4.
The District Magistrate, Madhubani, District - Madhubani. 5 .
The District Education Office-Cum-District Planning Officer, Madhubani, District - Madhubani.
6.
The District Programme Officer, Madhubani, District Madhubani. 7.
The Chairman, Bihar Sanskrit Shiksha Board, Back Harding Road, Patna 8 .
The Secretary, Bihar Sanskrit Shiksha Board, Back Harding Road, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Jha, Advocate Mr. Chaudhary Prem Kumar Thakur , Advocate For the Respondent/s :
Mr. Additional Advocate General (4) For Board :
Mr. S. S. Sundaram , Advocate Mr. Ankit , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-10-2024 Heard learned counsel for the petitioners and learned counsel for the respondent/s.
2. The present writ application has been filed to issue a writ in nature of mandamus for commanding the Respondents Authorities to make payment of arrear by way of differential amount of salary in the revised pay scale under 5th, 6th and 7th pay revision in the same manner as allowed to the teaching and non-teaching staff of the government school with admissible dearness allowance along with increment admissible there on in the light of Judgment and Order passed by this Hon'ble Court, vide order dated 13.08.2019, passed in L.P.A. No. 43 of 2016. 3 . At the outset, learned counsel for the petitioners
4/5 submits that petitioners' case is squarely covered by the judgment passed by this Court in L.P.A. No.43 of 2016 and analogous cases .
4. Learned counsels appearing on behalf of respondent/s do not dispute the contention made on behalf of these petitioners.
5 . 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, these petitioners are directed to approach the respondent no. 5 (The District Education OfficeCum-District Planning Officer, Madhubani) by filing a detailed representation along with a copy of the order passed in the L.P.A. No.43 of 2016, within a period of four weeks.
6. On receipt of the said representation, the respondent no. 5 is well advised to dispose off the same by passing a reasoned and a speaking order, in accordance with law, considering the order passed in L.P.A. No.43 of 2016, within a further period of twelve weeks.
7. The respondent no. 5 is directed to ensure compliance of this order and if the representation of the petitioners is not considered within the stipulated period, the respondent no. 5 shall be personally held responsible for non-
5/5 complying the order of this Court.
8 . With the aforesaid directions, this writ application is hereby disposed of.
(Prabhat Kumar Singh, J) Koushik/- U