Ramasudishta Panday v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11073 of 2022 ====================================================== 1.

Ramasudishta Panday Son of Late Saryug Panday, resident of VillageKushmoul, Panchayat-Mahinathpur, P.O. Rampatti, P.S. Basopatti, DistrictMadhubani. 2.

Shiv Nath Yadav, Son of Late Genalal Yadav, resident of Village-Madhiya (Kamlabari), Ward No. 2, P.O. Marhia, P.S. Basopatti, District-Madhubani. 3.

Jagdanand Sharma, Son of Late Ram Sevak Sharma, resident of VillagePanchratna, P.O. Ghorbanki, P.S. Basopatti, District-Madhubani. 4.

Ganesh Jha, Son of Late Baldeo Jha, resident of Village-Sohpur, Ward No. 13, P.O. Rampur, P.S. Harlakhi, District-Madhubani. 5.

Anirudh Sharma, Son of Late Rambujhawan Sharma, Resident of VillagePanchratna, Ward No. 4, P.O. Ghorbanki, P.S. Bastopatti, DistrictMadhubani. 6.

Saroj Devi, Wife of Late Rajendra Thakur, resident of Village-Bituhar, P.O. Umgaon, P.S. Basopatti, District-Madhubani.

7.

Jainandan Mishra, Son of Late Chandra Narayan Mishra, resident of Village and P.O. Ghorbanki, P.S. Basopatti, District-Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

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

3.

The Special Director, Secondary Education, Government of Bihar, Patna. 4.

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

The District Programme Officer (Establishment), Madhubani, DistrictMadhubani. 6.

Bihar Sanskrit Shiksha Board Patna through the Secretary. 7.

The Chairman, Bihar Sanskrit Shiksha Board, Patna. 8.

The Secretary, Bihar Sanskrit Shiksha Board, Patna. 9.

The Headmaster, Godawari Ram Sewak Sanskrit High School, Panchratna, P.O.-Ghorbanki, Block-Basopatti, District-Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Singh, Adv.

For the State :

Mr. Madan Jeet Kumar, G.P.-20 For the BSSB :

Mr. S.S. Sundaram, Adv.

Mr. Chandra Shekhar Kumar Singh, Adv.

Mr. Ankit, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-02-2025 Heard learned counsel for the petitioners, learned counsel

2/4 for the State and learned counsel for the Bihar Sanskrit Shiksha Board.

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

(I) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent Authorities for payment of arrears of difference of salary of the petitioners for the period 01.04.1998 to 31.06.2002 on account of grant of Fifth Pay Revision Pay Scale on the ground that the respondents had paid the differences of salary for the said period to other similarly situated persons, but in the case of the petitioners, the respondents are adopting different yardstick. (II) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent Authorities to pay the interest over the delayed payment of arrears of difference of salary on the ground that delay in payment is directly attributable on the part of the respondents.

(III) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioners would be found entitled under the facts and circumstances of the case.

3. At the very outset, learned counsel for the petitioners submits that the case of the petitioners is squarely covered by

3/4 the judgment passed by this Court in L.P.A. No. 43 of 2016 and analogous cases, hence the present writ petition can also be disposed of in similar terms.

4. Learned counsel for the petitioners submits that the petitioners have filed a detailed representation before the respondent Authority and the said representation is still pending.

5. In view of the fair submission made by learned counsel for the petitioners, in my view, no useful purpose would be served keeping this writ application pending.

6. Considering the aforesaid discussions, I deem it proper to direct the petitioners to file a fresh representation before the District Education Officer, Madhubani (respondent no. 4) along with the supporting documents within a period of four weeks from the date of receipt/production of a copy of this order and the respondent no. 4 is directed to consider the representation of the petitioners and pass a reasoned and speaking order in accordance with law and in light of the judgment dated 13.08.2019 passed in L.P.A. No. 43 of 2016 within eight weeks from the date of receipt of the representation of the petitioners after affording an opportunity of hearing to the petitioners or their counsel.

7. Needless to state that the District Education Officer,

4/4 Madhubani (respondent no. 4) shall be solely responsible for non-compliance of this order within the stipulated period.

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

(Anjani Kumar Sharan, J) divyanshi/- U