Girish Gourav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10228 of 2022 ====================================================== 1.

Girish Gourav Son of Late Giriwar Narayan Mishra, Resident of Near Gayatri Mandir, Shivpuri Colony, P.S. - Ishakchak, District - Bhagalpur. 2.

Shudhanshu Kumar Son of Late Baleshwar Paswan, Resident of Village - Bansitikar Jichho, Bishunpur, P.O. and P.S. - Sabour, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Director, Secondary Education, Bihar Patna. 3.

The District Education Officer, Bhagalpur.

4.

The District Programme Officer (Estb.) Bhagalpur. 5.

The Block Education Officer (Estb.), Nagar Nigam, Bhagalpur. 6.

The Block Education Officer (West), Nagar Nigam, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Kumar Jain, Adv.

For the State :

Ms. Namrata Singh, AC to G.A.-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. By filing the present writ application, the petitioners have prayed for the following reliefs:

I) For issuance of a direction to the respondent Authorities to provide the opportunity of efficiency test to the petitioners as per rules. II) For payment of 3% annual pay increment w.e.f. 01.04.2016 to 31.03.2022 which was recovered/deducted by the respondents from the dues salary of the petitioners paid in the month of June 2022 for the period of November, 2020 to May, 2022.

Patna High Court CWJC No.10228 of 2022(6) dt.20-01-2025 2/3 III) For grant of 15% pay enhancement to the petitioners w.e.f. 01.04.2021 as granted to the other similarly situated teachers of Bhagalpur District.

IV) For fixation of the basic pay of the petitioners w.e.f. 01.04.2016 as provided to the other teachers by the Education Department in Bihar.

V) For payment of 3% annual pay increment of June 2022 which has also been deducted by the respondent Authorities in the salary of the petitioners paid to them in July 2022 and the said increment be directed to be continued for payment in the monthly salary of the petitioners.

VI) For payment of arrears of deducted annual increments of the petitioners since 01.04.2016 which has wrongly been deducted by the respondents.

VII) For any other relief/reliefs for which the writ petitioners shall be found entitled under the facts and circumstances of the case.

3. Considering the prayers made on behalf of the petitioners, I deem it proper to direct the petitioners to file a detailed representation before the District Programme Officer (Estb.), Bhagalpur (respondent no.4) along with the supporting documents within a period of four weeks from today and the respondent no.4 is directed to consider the representation of the petitioners and pass a reasoned and speaking order within eight weeks from the date of receipt of representation after affording an opportunity of hearing to the petitioners or through their counsel.

Patna High Court CWJC No.10228 of 2022(6) dt.20-01-2025 3/3

4. Needless to state that the District Programme Officer (Estb.), Bhagalpur (respondent no.4) shall be solely responsible for non-compliance of this order within the stipulated period.

5. With the aforesaid direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U