Hari Nandan Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20933 of 2014 ===========================================================

1. Hari Nandan Jha Son of Sri Chandra Nand Jha Resident of Village + P.O.- Sitapur, District - Supaul presently working as Incharge Headmaster, Project Lalit Narayan High School, Ratanpur, Supaul .... .... Petitioner/s

Versus

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

2. The Principal Secretary, Department of Education, Government of Bihar, Patna

3. The Director, Secondary Education, Government of Bihar, Patna

4. The Regioinal Deputy Director of Educaiton, Saharsa

5. The District Education Officer, Supaul .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Adv. V. K. Mukul, Adv.

For the Respondent/s : Mr. N.K. SINGH, GP-26. Mr. Ravi Verma, A.C. to G.P.-4.

=========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 07-08-2018 Heard learned counsel for the petitioner, counsel appearing on behalf of the State.

The claim of the petitioner for payment difference of arrears of salary w.e.f 15.01.1982 to 30.03.1986 on the ground that in similar matter other teachers have been granted pay-scale and difference of prior to 1.4.1986.

Learned counsel for the petitioner submits with reference to Annexure -9 that in case of other teacher direction was issued by the Additional Director, Education for payment of difference of salary prior to 01.04.1986, but in the case of this petitioner different stand was taken by the Director vide Annexure-8.

Admittedly, the Additional Director is not superior to the Director

Patna High Court CWJC No.20933 of 2014 dt.07-08-2018 2/2 and as such the Court does not find any substance in the claim of the petitioner on the basis of the letter issued by the Additional Director when the claim of the petitioner was categorically examined and decided by the Director. However, State is suppose to act on uniform basis and pass orders for payment on similar line. If others are paid arrears of salary, there is no reason for differential treatment. But prima facie the Court does not find any material to approve the claim of the petitioner.

Under the aforesaid circumstance, this writ petition is disposed of with the direction to the petitioner to approach the Director, Secondary Education who shall enquire into the matter and if others have been validly granted arrears of salary, the petitioner may be granted the same benefit. In the case of others have been illegally granted that cannot be a ground to perpetuate the illegality. The decision on the claim of the petitioner must be taken by the respondent-Director within a maximum period of four months from the date of filing of such representation alongwith a copy of this writ application.

With the aforesaid observation and direction, this writ petition is disposed of.

(Anil Kumar Upadhyay, J) Sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date16/08/2018 Transmission Date NA