Md. Zakariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10707 of 2024 ====================================================== 1.

Md. Zakariya Son of Fateh Mohammad Mazhari Resident of MohallahMansa Tola, Ward No. 4, Police Station- Muffasil Bettiah, District- West Champaran.

2.

Noor Ahmad, Son of Shamsul Zoha, Resident of Village- Basra, Police Station- Majhauliya, District- West Champaran. 3.

Kali Mullah, Son of Late Md. Imam, Resident of Village- Semri, Police Station- Salhi, District- West Champaran.

4.

Md. Faruque, Son of Md. Amil, Resident of Village- Belwa, Police StationSathi, District- West Champaran. 5.

Afzal Ali, Son of Md. Islam, Resident of Village- Kolhua Chautarwa, Police Station- Chautarwa, District- West Champaran. 6.

Wohid Ansari, Son of Bashir Ansari, Resident of Village- Daraul, Ward no.- 4, Police Station- Matiyaniya, District- West Champaran. 7.

Kamaluddin Ansari, Son of Khalil Ahmad Ansari, Resident of Kalibagh, Ward No.- 10, Nagar Thana Road, Bettiah, Police Station- Bettiah, DistrictWest Champaran. 8.

Md. Moyinuddin Ansari, Son of Md. Sharfuddin, Resident of VillageMathiya, Police Station- Ram Nagar, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department of Education, Government of Bihar, Vikash Bhawan, Patna.

2.

The Special Director, Secondary Education, Department of Education, Government of Bihar, Vikash Bhawan, Patna.

3.

The Bihar State Madarsa Education Board, Patna through its Secretary. 4.

The Chairman, Bihar State Madarsa Education Board, Patna. 5.

The Secretary, Bihar State Madarsa Education Board, Patna. 6.

The District Education Officer, Bettiah, District- West Champaran. 7.

The District Programme Officer, Establishment Bettiah, District- West Champaran.

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

For the Petitioner/s :

Mr.Suresh Kumar Ishwar, Advocate For the Respondent/s :

Mr.Standing Counsel 11 for the Board Mr. Shahzad Hassan Khan, Advocate Mr. Md. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

Patna High Court CWJC No.10707 of 2024(3) dt.28-10-2024 2/3 28-10-2024 Heard learned counsel for the parties.

2. This writ application has been filed for commanding the respondents to make payment of arrears by way of differential amount of salary in the revised pay-scale under 5th, 6th and 7th Pay Revision in the same manner as allowed to the teaching and non teaching staffs of the Government Schools together with Dearness Allowance admissible thereon as has been directed by the Division Bench of this Hon'ble Court in L.P.A. No. 43 of 2016 and analogous cases, vide order dated 13.08.2019.

3. Learned counsel for the petitioners submits that case of the petitioners is fully covered with the order/judgment of this Court dated 13.08.2019 passed in L.P.A. No. 43 of 2016 and other analogous cases. Learned counsel for the petitioners further submits that pursuant to aforesaid order/judgment of L.P.A. No. 43 of 2016, several orders have been passed by Hon'ble Single Benches of this Court.

4. Learned counsel for the respondents does not dispute the contention made on behalf of the petitioners

5. In view of aforesaid facts and circumstances, this writ application is disposed of with direction to the petitioners to approach the respondents authorities (respondent no. 7) in the

Patna High Court CWJC No.10707 of 2024(3) dt.28-10-2024 3/3 light of order/judgment of this Court dated 13.08.2019 passed in L.P.A. No. 43 of 2016 by way of filing a detailed representation(s) alongwith copy of order passed in L.P.A. No. 43 of 2016 before the concerned respondent within a period of six weeks from the date of receipt / production of copy of this order. If such representation is filed, the concerned respondent shall dispose of the same preferably within a period of ten weeks thereafter after hearing the parties in accordance with law.

6. It goes without saying that if the claim of the petitioners is found admissible by the concerned respondent, he shall ensure that the admissible amount must be paid to the petitioners as early as possible.

7. With above observation and direction, the writ application stands disposed of.

(Prabhat Kumar Singh, J) shashi/- U