Furquan Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9232 of 2024 ====================================================== Furquan Ahmad S/o Late S.M.Usman, Sahamat Husain Lane, Near Rashmi Nagar, Barahpura, P.S. Ishakchak, Town and District - Bhagalpur, presently working as Headmaster, Upgraded Urdu Girls Middle School, Tahirpur, P.S. and Achal - Dhoraiya, District - Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Education, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna. 2.

The Director, Primary Education Department, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna.

3.

The Regional Deputy Director of Education, Bhagalpur. 4.

The District Education Officer, Banka.

5.

The District Programme Officer (Establishment), Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Purushottam Kumar Jha, Advocate Mr. Ram Naresh Jha, Advocate For the State :

Mr. Mukund Mohan Jha, AC to GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2024 Heard learned counsels for the parties.

2. This writ application has been filed for the following reliefs:- "(i) To hold and declare that the petitioner is entitled for being granted Senior Scale of Pay upon completion of his 12 years and 24 Years of services i.e. from 12.05.2005 & 12.05.2017, that too, with all consequential benefits, upon taking into account the order dated 31.03.2011 in CWJC No. 6139 of 2007, order dated 16.08.2017 in LPA No. 756 of 2015, order dated 27.08.2018 in S.L.P.(C) Diary No. 28313 of 2018 and from 14.12.2007 and 14.12.2019.

(ii) A writ of mandamus may kindly be issued commanding the Respondents concerned to grant Senior Scale of Pay upon completion of his 12 years

Patna High Court CWJC No.9232 of 2024(2) dt.02-12-2024 2/2 and 24 Years of services i.e. from 12.05.2005 & 12.05.2017, as has been granted to eight teachers of Banka District by the Respondent No. 4 & 5 vide Memo No. 1370 dated 02.06.2020, in view of order dated 24.02.2020 in CWJC No. 3224 of 2020 (Gopal Mandal & Others Vs The State of Bihar & Others). (iii) For grant of any other relief or relief(s) to which the petitioner may be found entitled to, in the facts and circumstances of this case."

3. At the outset, learned counsel appearing on behalf of the petitioner submits that during pendency of this case, grievance of the petitioner has already been redressed, however, consequential benefits have yet not been granted to the petitioner till date.

4. In view of the aforesaid facts and circumstances of the case, this writ application is disposed of.

5. However considering the order dated 23.09.2024 contained in Memo No. 2561, respondents are directed to issue further orders for payment of consequential benefits to the petitioner, preferably within a period of three months from the date of receipt/production of a copy of this order. (Prabhat Kumar Singh, J) shashank/- U