Smt. Kalpana Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10961 of 2014 ====================================================== Smt. Kalpana Kumari W/O - Late Arvind Kumar Pathak R/O Village - Bhawani Pur Jirat, P.O. - Motihari, District - East Champaran. ... ... 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 Principal Secretary, Department of Finance, Government of Bihar, Patna.

4. The Director (Primary Education), Government of Patna, Patna.

5. The District Magistrate, East Champaran, at Motihari.

6. The District Education Officer, East Champaran at Motihari.

7. The District Programme Officer (Establishment), East Champaran at Motihari.

8. The Drawing & Disbursing Officer-cum-Headmaster, Middle School Mahavir Lalita, Motihari, West Champaran.

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

For the Petitioner/s :

Mr. Amarendra Kumar, Advocate For the Respondent/s :

Mr. Raj Kishore Rai, GP 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned counsel appearing for the State.

The instant writ petition has been filed by the wife of late employee Arvind Kumar Pathak.

Learned counsel for the petitioner has placed reliance on the order passed by a Division Bench of this Court in LPA No. 1704 of 2016 dated 06.11.2017 and submitted that the case of the petitioner is covered by the aforesaid decision in LPA No. 1704 of 2016. It appears that LPA No. 1704 of 2016 was disposed of in the light of the decision of another Division

Patna High Court CWJC No.10961 of 2014(3) dt.01-11-2018 2/2 Bench in LPA No. 1699 of 2013 (Kranti Kanak & Ors. Vs The State of Bihar & Ors.). The Court noticing the judgment in the case of Kranti Kanak held out that appellants are entitled to Matric Trained scale from the day they completed the two years module.

In view of the aforesaid, the writ petition is disposed of with a direction to the respondents to examine the claim of the late employee Arvind Kumar Pathak, husband of the present petitioner, and if he is found to have completed two years module, the petitioner shall be granted all consequential benefits strictly in accordance with the decision of the Division Bench in LPA No. 1699 of 2013 and LPA No. 1704 of 2016. Necessary decision in this regard shall be taken within a period of four months from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) mrl./- U