Mukesh Kishore And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23676 of 2012 ======================================================

1. Mukesh Kishore Son Of Sri Surendra Kumar Singh Resident Of Village- Vasilpur Tola Balavigaha, P.O. + P.S. + District- Arwal, Presently Posted As Nagar Shikshak At Kanya Middle School, Arwal

2. Vijay Kumar Pankaj Son Of Sri Raj Nath Pandit Resident Of Village + P.O.- Phakarpur Via- Arwal, District Arwal Presently Posted As Prakhand Shikshak At Middle School Phakharpur, P.S. + District- Arwal

3. Shankar Choudhary Son Of Sri Ram Chandra Chaudhary Resident Of Village- Muradpur Chowki, P.O. Baidrabad, P.S. + District- Arwal Presently Posted As Panchayat Shikshak At Primary School, Muradpur Hizra, Baidrabad, District- Arwal ... ... Petitioner/S

Versus

1. The State Of Bihar Through, Principal Resources Development Department Government Of Bihar, Patna

2. The Principal Secretary, Human Resources Development Department Government Of Bihar, Patna

3. The Director, Secondary Education, Human Resources Development Department, Government Of Bihar, Patna

4. The Director, Primary Education, Human Resources Development Department, Government Of Bihar, Patna

5. The State Project Director, Bihar Education Project Council, Shiksha Bhawan, Rastrabhasha Parisad Parisar, Saidpur, Rajendra Nagar, Patna800004

6. The Programme Officer-Cum-Public Information Officer, Bihar Education Project Council, Shiksha Bhawan, Rashtrabhasha Parishad Parisar, Saidpur, Rajendra Nagar, Patna- 800004

7. The Programme Co-Ordinator, D.P.E. Programme, Shiksha Vidyapeeth, Indira Gandhi National Open University, Maidan Garhi, New Delhi- 110068

8. The Regional Director, Ignou Regional Center, 2nd Floor, Biscoman Tower, West Gandhi Maidan, Patna- 1, Bihar

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9. The Chairperson, National Council For Teacher Education Manas Bhawan Wing Ii Bahadur Sah Jaffar Marf, New Delhi- 110002

10. The Regional Director, Northern Regional Committee, National Council For Teacher Education, A-46, Shasrti Path, Tilak Nagar, Jaipur- 302004, Rajasthan

11. The Regional Deputy Director Of Education, Magadh Division At Gaya

12. The District Magistrate, Arwal

13. The District Education Officer, Arwal

14. The District Programme Officer (Establishment), Arwal

15. The Block Development Officer, Arwal District- Arwal ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bindeshwar Kumar, Advocate For the State :

Mr. Manoj Kumar Sinha, AC to GA-9 For BEPC :

Mr. Girijish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 03-08-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the respondents.

2. Learned counsel for the petitioners submits that the case of these petitioners is covered by the decision of this Court dated 10.05.2018 in CWJC No. 19333 of 2016.

3. In view of the decision of the Division Bench in LPA No. 655 of 2015, the present writ petition is disposed of in similar terms.

4. Learned counsel for the respondents submits that the petitioners' grievance has already been redressed as they have been paid the scale of trained teachers.

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5. Be that as it may, the respondents have to extend the benefit of scale of trained teacher, if not already granted, in view of the decision in CWJC No. 19333 of 2016, which was passed in the light of the judgment in LPA No. 655 of 2015. Necessary decision in this regard must be taken by the respondents within a maximum period of four months from the date of receipt/production of a copy of this order.

6. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.08.2018 Transmission Date