Mritunjay Prasad Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3091 of 2016 ====================================================== Mritunjay Prasad Choudhary Son of Late Bhupendra Prasad Choudhary, Resident of Mohalla -Siyaram Nagar (Bhikhanpur), P.S. - Ishak Chak, District - Bhagalpur.

... ... Petitioner/s

Versus

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

2. The Director, Primary Education, Education Department, Golvernment of Bihar,Patna.

3. The Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur.

4. The District Education Officer, Bhagalpur,District - Bhagalpur.

5. The District Programme Officer (Establishment), Bhagalpur, District - Bhagalpur.

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

For the Petitioner/s :

Mr. Vijay Kumar Singh Mr. Pankaj Singh, Advocates For the Respondent/s :

Mr. Ravi Ranjan, AC to SC 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-03-2018 Herd learned counsel for the petitioner and the State. The present writ petition has been filed by the petitioner for a direction to the respondents to grant Selection Grade scale with effect from 1.4.2006 and consequential benefits on completion of 12 years Kalawadhi.

Learned counsel for the petitioner submits that the issue raised in the present writ petition is no more res integra. He submits with reference to annexure-3 that this issue was adjudicated in LPA No. 807 of 2012 vide order dated 8.9.2014. In view of the above, the writ petition is disposed of with a direction to the District Programme Officer (Establishment) to

Patna High Court CWJC No.3091 of 2016(3) dt.26-03-2018 2/2 examine the claim of the petitioner in the light of the decision of this Court dated 8.9.2014 in LPA No. 807/2012. In the event the respondents find that the claim of the petitioner is covered by the decision dated 8.9.2014 in LPA No. 807/2012, similar benefit should be extended to the petitioner of this case also in view of the litigation policy adopted by the State Government.

In the event the respondents do not find any merit in the claim of the petitioner, they are required to pass reasoned speaking order rejecting the claim of the petitioner. The entire exercise must be completed within a maximum period of 60 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U