Hari Mohan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8842 of 2024 1.

Hari Mohan Jha Son of Batuk Jha Resident of Village - Mahrail, P.S. - Rudrapur, District - Madhubani.

2.

Dinesh Mishra, Son of Krit Narayan Mishra, Resident of Village - Mahrail, P.S. - Rudrapur, District - Madhubani.

3.

Bhavanath Jha, Son of Jugeshwar Jha, Resident of Village - Harari, P.S. - Rudrapur, District - Madhubani.

4.

Manju Mishra, Wife of Narayan Mishra, Resident of Village - Behat, P.S. - Jhanjharpur, District - Madhubani.

5.

Gayadhar Jha, Son of Ghuran Jha, Resident of Village - Mailam, P.S. - 6.

Krishna Kumari, Wife of Rajendra Thakur, Resident of Village - Shishwar, P.S. - Phulparash, District - Madhubani.

7.

Harish Chandra Jha, Son of Lakshmi Kant Jha, Resident of Village - Gonauli, P.S. - Andhara-Thadhi, District - Madhubani. 8.

Jayanti Devi, Wife of Shravan Kumar Jha, Resident of Village - Mailam, P.S. - Andhara-Thadhi, District - Madhubani.

9.

Chandra Shekhar Jha, Son of Krishan Jha, Resident of Village - Kothiya, P.S. - Jhanjharpur, District - Madhubani.

10.

Suresh Mishra, Son of Jageshwar Mishra, Resident of Village - Mahrail, P.S. - Rudrapur, District - Madhubani.

11.

Indrakala Devi, Wife of Vinod Narayan Jha, Resident of Village - Harari, P.S. - Rudrapur, District - Madhubani.

12.

Ghanshyam Jha, Son of Shwarup Lal Jha, Resident of Village - Harari, P.S. - Rudrapur, District - Madhubani.

13.

Ram Gulam Jha, Son of Suwalal Jha, Resident of Village - Harari, P.S. - Rudrapur, District - Madhubani.

14.

Parma Nand Mishra, Son of Jageshwar Mishra Resident of Village - Harari, P.S. - Rudrapur, District - Madhubani.

15.

Shailendra Mohan Jha, Son of Kamala Kant Jha, Resident of Village - Mahrail, P.S. - Rudrapur, District - Madhubani. 16.

Raj Narayan Jha, Son of Kamal Narayan Jha, Resident of Village - Harari, P.S. Rudrapur, District - Madhubani.

17.

Bhavendra Jha, Son of Tirpit Jha, Resident of Village - Pacharhi, P.S. - Pandaul, Rudrapur, District - Madhubani.

18.

Bhola Nand Ray, Son of Jageshwar Ray, Resident of Village - Mangrauna, P.S. - Andhara-Thadhi, District - Madhubani.

19.

Ranjana Chaudhary, Wife of Ashok Chaudhary, Resident of Village - Sahuriya, P.S. - Andhara-Thadhi, District - Madhubani. 20.

Hiradai Devi @ Hira Devi, Wife of Late Balkant Chaudhary, Resident of Village - Sahuriya, P.S. - Andhara-Thadhi, District - Madhubani.

2/5 21.

Alakhdev Roy, Son of Ram Lakhan Roy, Resident of Village- Mangrauna, P.S. - Andhara-Thadhi, District - Madhubani.

22.

Digambar Jha, Son of Bhupati Jha, Resident of Village - Navtoli-Pastan, P.S. - Andhara- Thadhi, District - Madhubani.

23.

Shiv Kant Mishra, Son of Tirpit Mishra, Resident of Village - Sahuriya, P.S. - Andhara-Thadhi, District-Madhubani.

24.

Moti Devi, Wife of Late Hare Ram Jha, Resident of Village - Sahuriya, P.S. - Andhara- Thadhi, District- Madhubani.

25.

Jagnath Roy, Son of Lakshmi Roy, Resident of Village - Mangrauna, P.S. - Andhara-Thadhi, District- Madhubani.

26.

Manmohan Chaudhary, Son of Bholanath Chaudhary, Resident of Village - Sahuriya, P.S. - Andhara-Thadhi, District - Madhubani. 27.

Hari Shankar Chaudhary, Son of Ramakant Chaudhary, Resident of Village - Sahuriya, P.S. - Andhara-Thadhi, District - Madhubani. 28.

Vimal Roy, Son of Nirbhay Lal Roy, Resident of Village - Mangrauna, P.S. - 29.

Ram Briksha Roy, Wife of Gudari Roy, Resident of Village - Sonpatahi, P.S. - Babubarhi, District - Madhubani.

30.

Govind Mishra, Son of Arjun Mishra, Resident of Village - Pastan Navtoli, P.S. - Andhara-Thadhi, District - Madhubani.

31.

Dilip Kumar Mishra, Son of Arjun Mishra, Resident of Village - PastanNavtoli, P.S. - Andhara-Thadhi, District - Madhubani. 32.

Dinesh Mishra, Son of Navkant Mishra, Resident of Village - PastanNavtoli, P.S. - Andhara-Thadhi, District - Madhubani. 33.

Sagun Lal Chaudhary, Son of Bhaiji Chaudhary, Resident of Village - Pastan-Navtoli, P.S. - Andhara-Thadhi, District - Madhubani. 34.

Chhedi Mahto, Son of Asharfi Mahto, Resident of Village - Pastan-Navtoli, P.S. - Andhara-Thadhi, District - Madhubani.

35.

Parmeshwar Bhandari, Son of Shubheshwar Bhandari, Resident of Village - Pastan- Navtoli, P.S. - Andhara-Thadhi, District - Madhubani. 36.

Radha Kant Chaudhary, Son of Bauku Chaudhary, Resident of Village - Pastan-Navtoli, P.S. - Andhara-Thadhi, District - Madhubani. 37.

Shadhu Sharan Roy, Son of Suva Lal Roy, Resident of Village - Mangrauna, P.S. - Andhara-Thadhi, District - Madhubani.

38.

Kameshwar Mandal, Son of Satahu Mandal, Resident of Village - ShiveMangrauna, P.S. - Andhara-Thadhi, District - Madhubani. 39.

Shivkant Mishra, Son of Mahavir Mishra, Resident of Village - PastanNavtoli, P.S. - Andhara-Thadhi, District - Madhubani. 40.

Mahesh Mishra, Son of Navkant Mishra, Resident of Village - PastanNavtoli, P.S. - Andhara-Thadhi, District - Madhubani. 41.

Anand Kumar Jha, Son of Sataydev Jha Resident of Village - Gajhara, P.S. - Ladaniya, District - Madhubani.

42.

Dilip Kumar Jha, Son of Jagar Nath Jha, Resident of Village - Rashidpur,

3/5 P.S. - Khajauli, District Madhubani.

43.

Jiv Kant Jha, Son of Late Indra Narayan Jha, Resident of Village - Rashidpur, P.S. - Khajauli, District - Madhubani. 44.

Madna Nand Jha, Son of Hari Nandan Jha, Resident of Village - Rashidpur, P.S. - Khajauli, District - Madhubani.

45.

Mina Devi, Wife of Late Mahendra Jha, Resident of Village - Rashidpur, P.S. - Khajauli, District - Madhubani.

46.

Devi Shrimati Sharda Thakur @ Sharda Thakur, Wife of Hari Kant Thakur, Resident of Village - Arghawa, P.S. - Basopatti, District - Madhubani. 47.

Ambika Devi, Wife of Laxminath Pathak, Resident of Village - Shivipatti, P.S. - Rajnagar, District - Madhubani.

48.

Raju Jha, Wife of Durganand Jha, Resident of Village - Jalshain, P.S. - Rudrapur, District - Madhubani.

49.

Parmanand Jha, Son of Late Saryug Jha, Resident of Village - Biduliya, P.S. - Andhara- Thadhi, District - Madhubani.

50.

Tript Narayan Jha, Son of Late Ramchandra Jha, Resident of Village Biduliya, P.S. - - Andhara-Thadhi, District - Madhubani. 51.

Harinarayan Jha, Son of Late Devnandan Jha Resident of Village - Biduliya, P.S. -Andhara-Thadhi, District - Madhubani.

52.

Raj Kumar Jha, Son of Vindeshwar Jha, Village - Biduliya, P.S. - AndharaThadhi, District - Madhubani. 53.

Anand Kumar Jha, Son of Kapleshwar Jha, Village - Biduliya, P.S. - 54.

Kameshwar Jha, Son of Jivachh Jha, Village - Biduliya, P.S. - AndharaThadhi, District - Madhubani. ... ... Petitioner/s

Versus

1.

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

4/5 For the Respondent/s :

Mr. Additional Advocate General 5 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 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

5/5 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 noncomplying the order of this Court. 8 . With the aforesaid directions, this writ application is hereby disposed of.

(Prabhat Kumar Singh, J) Koushik/- U