Prabhunath Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8848 of 2024 ====================================================== 1.

Prabhunath Jha son of Late Mahesh Jha, resident of Village-Maharail, P.S.- Rudrapur, District - Madhubani.

2.

Krishanadev Chaudhary, son of Mahabeer Chaudhary, resident of Village - Rampatti, P.S. - Rajnagar, District - Madhubani. 3.

Triloknath Jha, son of Late Ramchandra Jha, resident of Village - Maharail, P.S.-Rudrapur, District - Madhubani.

4.

Lalit Mohan Jha, son of Late Vijay Kumar Jha, resident of Village - Karanpur, P.S.-Rudrapur, District - Madhubani. 5.

Bijay Charan Jha, son of Late Durga Charan Jha, resident of Village Maharail, P.S.-Rudrapur, District - Madhubani. 6.

Lal Chandra Jha, son of Late Ati Nandan Jha, resident of Village Maharail, P.S. Rudrapur, District - Madhubani.

7.

Jiweshwar Jha, son of Late Gangadhar Jha, resident of Village-Gajhara, P.S.- Ladaniya, District - Madhubani.

8.

Vinodanand Jha, son of Late Kashi Nath Jha, resident of Village-Kalapatti, P.S.-Phulparash, District - Madhubani.

9.

Asha Nath Jha, son of Late Jagdish Jha, resident of Village - Gajhara, P.S. - Ladaniya, District - Madhubani.

10.

Satanjiv Jha, son of Late Mahesh Jha, resident of Village - Gajhara, P.S. - Ladaniya, District - Madhubani 11.

Ram Sundar Singh, son of Late Shreechan Singh, resident of VillageKhojpur, P.S.-Babubarhi, District - Madhubani. 12.

Krishna Kumar Jha, son of Late Maheshwar Jha, resident of Village - Khojpur, P.S.-Babubarhi, District - Madhubani. 13.

Subhash Kumar, son of Durga Nand Ray, resident of Village - Khojpur, P.S. - Babubarhi, District - Madhubani.

14.

Ajit Kumar Jha, son of Late Chandra Narayan Jha, resident of Village - Khojpur, P.S. -Babubarhi, District - Madhubani. 15.

Binay Kumar Jha, son of Late Gaurishankar Jha, resident of Village - Shankarpur, P.S.-Bhairavashthan, District - Madhubani. 16.

Ghurain Devi, wife of Shyam Sundar Jha, resident of Village - Maharail, P.S.Rudrapur, District - Madhubani.

17.

Jay Kumar Jha @ Jay Kumar, son of Rudranath Jha, resident of Village - Maharail, P.S.Rudrapur, District - Madhubani. 18.

Sachchi Devi, wife of Mohan Jha, resident of Village - Mahrail, P.S. - Rudrapur, District - Madhubani.

19.

Indu Dhar Jha son of Shaktidhar Jha, resident of Village-Thadhi, P.S.- Andhara-Thadhi, District - Madhubani.

20.

Shivesh Jha, son of Late Umesh Jha, resident of Village - Thadhi, P.S. - Andhara-Thadhi, District - Madhubani.

2/5 21.

Lakshman Jha, son of Late Karpur Jha, resident of Village - Thadhi, P.S. - Andhara-Thadhi, District - Madhubani.

22.

Bhagirath Jha, son of Late Jeewachh Jha, resident of Village - Thadhi, P.S. - Andhara-Thadhi, District - Madhubani.

23.

Meena Devi, wife of Late Devchandra Jha, resident of Village-Thadhi, P.S. Andhara-Thadhi, District - Madhubani.

24.

Satishchandra Pathak, son of Turant Pathak, resident of Village-Naruar, P.S.- Bhairavashthan, District - Madhubani.

25.

Shailendra Chandra Jha, son of Late Chandra Narayan Jha, resident of Village-Mahinathpur, P.S. - Bhairavashthan, District - Madhubani. 26.

Gaurishankar Jha, son of Jageshwar Jha, resident of Village Chikana, P.S.- Ghonghardiha, District - Madhubani.

27.

Meena Devi, wife of Late Gunakar Jha, resident of Village - Thadhi, P.S. - Andhara-Thadhi, District - Madhubani.

28.

Brajeshwar Sharan Brajesh, son of Late Kashi Prasad Sharama, resident of Village-Kanail, P.S. - Rahika, District - Madhubani. 29.

Sanjeev Kumar Jha, son of Late Mahakant Jha, resident of Village - Mangrauni, P.S. -Rajnagar, District - Madhubani. 30.

Suraj Yadav, son of Chaudhary Yadav, resident of Village Mangrauni, P.S. Rajnagar, District - Madhubani.

31.

Harikant Jha, son of Late Prabodh Narayan Jha, resident of Village - Mangrauni, P.S.- Rajnagar, District - Madhubani. 32.

Ramashish Thakur, son of Late Damodar Thakur, resident of VillageNajirpur, P.S. Rahika, District-Madhubani. 33.

Jitendra Naravan Mishra, son of Late Lakshmikant Mishra, resident of Village-Ramnagar, P.S. - Rahika, District - Madhubani. 34.

Mohan Jha, son of Kameshwar Jha, resident of Village - Mangrauni, P.S.- Rajnagar, 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 Program 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

3/5 ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate Mr. Chaudhary Prem Kumar Thakur , Advocate For the Respondent/s :

Mr. Government Pleader 25 For Board :

Mr. S. S. Sundaram , Advocate Mr. Ankit , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-10-2024 Heard the parties.

2. At the outset, learned counsel for the petitioners seeks permission to make correction in the name of petitioner No. 25 in course of the day .

3 . Permission is accorded.

4. 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. 5 . 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 .

4/5

6. Learned counsels appearing on behalf of respondent/s do not dispute the contention made on behalf of these petitioners.

7. 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 Office-Cum-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.

8 . 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.

9. 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. 10 . With the aforesaid directions, this writ

5/5 application is hereby disposed of.

(Prabhat Kumar Singh, J) Koushik/- U