Arvind Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14603 of 2021 ====================================================== 1.

Arvind Kumar Mishra Son of Late Janardan Mishra Resident of MohallaThakurbari, P.S.- Jehanabad, District- Jehanabad, Asst. Teacher Laxmi Sangved Sanskrit Primary-cum-High School, Jehanabad. 2.

Upendra Kumar Son of Late Hira Singh Headmaster of Laxmi Sangved Sanskrit Primary-cum-High School, Jehanabad.

3.

Braj Kishore Son of Late Vishwmohan Kumar Singh Asst. Teacher Laxmi Sangved Sanskrit Primary-cum-High School, Jehanabad. 4.

Smt. Suman Sharma Daughter of Late Yamuna Sharma Asst. Teacher Laxmi Sangved Sanskrit Primary-cum-High School, Jehanabad. 5.

Dr. Indu Kashyap Wife of Dr. Surendra Kumar Sunil Asst. Teacher Laxmi Sangved Sanskrit Primary-cum-High School, Jehanabad. 6.

Mukesh Kumar Son of Sri Virendra Sharma Asst. Teacher Laxmi Sangved Sanskrit Primary-cum-High School, Jehanabad.

7.

Satyendra Kumar Son of Late Sahjanand Sharma Asst. Teacher Laxmi Sangved Sanskrit Primary-cum-High School, Jehanabad. 8.

Sri Radhekant Sharma Son of Sri Virendra Sharma Asst. Teacher Laxmi Sangved Sanskrit Primary-cum-High School, Jehanabad. 9.

Niranjan Kumar Son of Sri Devendra Sharma Asst. Teacher Laxmi Sangved Sanskrit Primary-cum-High School, Jehanabad.

10.

Niraj Kumar Son of Late Bharat Sharma Asst. Teacher Laxmi Sangved Sanskrit Primary-cum-High School, Jehanabad.

11.

Raj Kishore Prasad Singh Son of Sri Sant Prasad Singh Asst. Teacher (Science) Laxmi Sangved Sanskrit Primary-cum-High School, Jehanabad. 12.

Bajrangi Kumar Son of Sri Shyam Narayan Prasad Singh Clerk of Laxmi Sangved Sanskrit Primary-cum-High School, Jehanabad. 13.

Dr. Sunil Kumar Sunil Son of Sri Siyaram Sharma Headmaster of Baldev Sanskrit Primary cum-High School, Masaurhi, District- Patna. 14.

Dr. Uttam Kumar Son of Sri Krishna Nandan Sharma (Asst. Teacher) of Baldev Sanskrit Primary cum-High School, Masaurhi, District- Patna. 15.

Rajeev Ranjan Son of Sri Sukhram Yadav Asst. Teacher of Baldev Sanskrit Primary cum-High School, Masaurhi, District- Patna. 16.

Santosh Kumar Son of Sri Basant Ram Peon of Baldev Sanskrit Primary cum-High School, Masaurhi, District- Patna.

17.

Anil Kumar Son of Sri Anant Sharma Headmaster of Sharda Sanskrit Primary cum Middle School, Hazisarai, P.S.- Kako, District- Jehanabad. 18.

Sri Rakesh Kumar Son of Sri Barjendra Sharma Asst. Teacher of Sharda Sanskrit Primary cum Middle School, Hazisarai, P.S.- Kako, DistrictJehanabad. 19.

Smt. Indresh Wife of Rajniti Singh Asst. Teacher of Madhav Sanskrit Primary cum Middle School, Mahrauli, P.S.- Palasi, District- Arwal. 20.

Sri Tripurari Sharma Son of Sri Sudama Sharma Acting Headmaster of

2/5 Madhav Sanskrit Primary cum Middle School, Mahrauli, P.S.- Palasi, District- Arwal.

21.

Rajkumar Son of Late Ram Janam Singh Asst. Teacher of Madhav Sanskrit Primary cum Middle School, Mahrauli, P.S.- Palasi, District- Arwal. 22.

Ramesh Kumar Son of Sri Sharvan Kumar Asst. Teacher of Madhav Sanskrit Primary cum Middle School, Mahrauli, P.S.- Palasi, District- Arwal. 23.

Avinash Kumar Son of Girjesh Sharma Asst. Teacher of Madhav Sanskrit Primary cum Middle School, Mahrauli, P.S.- Palasi, District- Arwal. 24.

Sidhnath Sharma Son of Late Yamuna Sharma Acting Headmaster of Sri Banbhat Sanskrit Primary cum High School, Sakrikhurd, P.S.- Palasi, District- Arwal.

25.

Dinesh Kumar Son of Late Saryug Singh Asst. Teacher of Sri Banbhat Sanskrit Primary cum High School, Sakrikhurd, P.S.- Palasi, District- Arwal. 26.

Awadhesh Sharma Son of Late Vinesh Sharma Peon of Sri Banbhat Sanskrit Primary cum High School, Sakrikhurd, P.S.- Palasi, District- Arwal. 27.

Ramashish Singh Son of Late Ram Vilash Singh Asst. Teacher of Sudama Kashinath Sanskrit Primary cum Middle School, Singhauli, P.S.- Dehri, District- Rohtas.

28.

Arvind Kumar Son of Late Sidheshwar Singh Asst. Teacher of Sanskrit Primary cum High School, Manikpur, Tankuppa, P.S.- Tankuppa, DistrictGaya. 29.

Dipak Kumar Son of Late Mithilesh Sharma Clerk of Sanskrit Primary cum High School, Manikpur, Tankuppa, P.S.- Tankuppa, District- Gaya. 30.

Prema Devi Daughter of Shyam Vilas Sharma Headmaster of Sanskrit High School, Daudnagar, P.S.- Daudnagar, District- Aurangabad. 31.

Rakesh Kumar Son of Sri Ram Chandra Sharma Asst. Teacher of Sanskrit High School, Daudnagar, P.S.- Daudnagar, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

3.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

4.

The Special Director, Secondary Education, Bihar, Patna. 5.

The Director, Secondary Education, Bihar, Patna. 6.

The Chairman, Bihar Sanskrit Education Board, Patna. 7.

The Secretary, Bihar Sanskrit Education Board, Patna. 8.

The District Education Officer, Patna.

9.

The District Education Officer, Gaya.

10.

The District Education Officer, Jehanabad.

11.

The District Education Officer, Arwal.

3/5 12.

The District Education Officer, Rohtas.

13.

The District Education Officer, Aurangabad.

14.

The District Programme Officer, (Establishment), Patna. 15.

The District Programme Officer, (Establishment), Gaya. 16.

The District Programme Officer, (Establishment), Jehanabad. 17.

The District Programme Officer, (Establishment), Arwal. 18.

The District Programme Officer, (Establishment), Rohtas. 19.

The District Programme Officer, (Establishment), Aurangabad. 20.

The Secretary, Managing Committee, Laxmi Sangved Sanskrit Primary cum-High School, Jehanabad.

21.

The Secretary, Managing Committee, Baldev Sanskrit Primary cum-High School, Masaurhi, Patna.

22.

The Secretary, Managing Committee, Sharda Sanskrit Primary cum-Middle School, Kazisarai, Jehanabad.

23.

The Secretary, Managing Committee, Madhav Sanskrit Primary cum-Middle School, Sakrikhurd Mahaurli, Arwal.

24.

The Secretary, Managing Committee, Banbhat Sanskrit Primary cum-High School, Sakrikhurd Mahaurli, Arwal.

25.

The Secretary, Managing Committee, Sudama Kashinath Sanskrit Primary cum-Middle School, Singhauli, Rohtas.

26.

The Secretary, Managing Committee, Sanskrit Primary cum-High School, Manikpur Tankuppa, Gaya.

27.

The Secretary, Managing Committee, Sanskrit High School, Daudnagar, Aurangabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Respondent/s :

Mr.Smt.Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2024 Heard learned counsel for the petitioners, learned counsel for the Sanskrit Shiksha Board and learned counsel for the State.

2. The present writ petition has been filed seeking the following reliefs:

4/5 "For issuance of an appropriate writ(s) orders(s) directions(s) for direction to the respondent authorities to grant the benefits of revision of pay scales under 5th, 6th and 7th pay revisions including the dearness allowance and other allowances to the petitioners (who are the teachers and non teaching staffs of non-government recognized (aided) Sanskrit Schools) in same manner as allowed to the teaching and non teaching staffs of nongovernment schools since then same has been allowed to the teachers of govt. schools and further respondents be directed to pay differential amount of salary for which the petitioners are entitled in the light of the order/judgment dated 13.08.2019 passed in LPA No. 43 of 2016 and analogous cases and to grant any other consequential benefits for which petitioners may found entitled in accordance with law."

3. Learned counsel for the petitioners submits that the case of the petitioners is fully covered by the judgment passed by this Court in L.P.A. No.43 of 2016 and analogous cases.

4. Considering the aforesaid facts, since the case of the petitioners stand on similar footing to that of the petitioners of L.P.A. No.43 of 2016, there is no requirement to keep pending the present writ application.

5. Accordingly, petitioners are directed to file a detailed representation along with a copy of the order passed in L.P.A. No.43 of 2016, before the respondents no.8 to 13 within a period of four weeks and the respondents no.8 to 13 is well advised to consider the case of the petitioners and dispose of the representation of the petitioners after affording an opportunity of personal hearing or through their counsel and pass a reasoned

5/5 and speaking order in accordance with law and in light of the order passed in L.P.A. No.43 of 2016 within eight weeks from the date of filing of such representation by the petitioners.

6. It is made clear that respondents no.8 to 13 shall be personally held responsible for non-compliance of this order.

7. With the aforesaid directions, this writ application stands disposed of.

(Anjani Kumar Sharan, J) anand/- U