Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10713 of 2022 ====================================================== 1.

Manish Kumar Son of Late Prakash Narayan Mandal, Resident of Village - Sadhopur, P.O. - Baisi, Jahangirpur, P.S. - Rangra, O.P., District- Bhagalpur. 2.

Ezra Anugrah Mandal, Son of Late Ranjit Mandal, Resident of Village - C.M.S Middle School Compound, Narga, P.O. - Champanagar, P.S. - Nathnagar, District - Bhagalpur.

3.

Md. Nishat Akhter, Son of Late Md. Basharat Ahmad, Resident of Village - Habibpur, Bhatwabari, P.S. - Habibpur, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director Primary Education, Bihar, Patna. 4.

The District Education Officer, Bhagalpur, District - Bhagalpur. 5.

The District Programme Officer (Estb.), Bhagalpur, District - Bhagalpur. 6.

The Block Education Officer, Rangra Chowk, District - Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv.

For the Respondent/s :

Mr. Prabhakar Jha (GP 27) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 11-01-2023

1. The petitioners are admittedly holding post under different rules one is Panchayat Teacher, while the other one is Block Teacher. The petitioner no. 3 is a Block Teacher. The service conditions of a Block Teacher are Panchayat Teacher governed by the Panchayat Rules of 2020 while the service conditions of petitioner no. 2 are governed by the Nagar Parishad Service Rules of 2020. The claim of pay and allowances and annual increments is to be examined in terms of

Patna High Court CWJC No.10713 of 2022(3) dt.11-01-2023 2/2 the service conditions of the respective rules. Keeping in view thereto, a joint writ petition is not maintainable by all three of them together. That apart the claim can be raised by the petitioners before the concerned District Appellate Authority/ State Appellate Authority as laid down by this Court in Suresh Ram Vs. The State of Bihar & Ors. 2022 (2) B.L.J. 381.

2. Keeping in view thereto, this writ petition is dismissed to avail the said liberty.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 11 U