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Patna High CourtCWJC/11764/2023disposed

Teachers Struggle Committee v. The State Of Bihar

2025-09-09Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11764 of 2023 ====================================================== Teachers Struggle Committee through its Chairman Mr. Upendra Rai, Male age about 53 years, S/o Sri Ram Snehi Rai, R/o Vill. Jhalkhora, P.S. Jhalkhora in the district of Kaimur (Bhabhua).

... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary cum Home Commissioner, Govt. of Bihar.

2.

The Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.

3.

The Principal Secretary, Finance Department, Govt. of Bihar, Patna. 4.

The Additional Chief Secretary of Education, Govt. of Bihar, Patna. 5.

The Director Primary Education, Govt. of Bihar, Patna. 6.

The Director, Secondary Education, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.Madhaw Pd. Yadaw (Gp23) ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This writ petition has been filed by Teachers Struggle Committee through its Chairman Mr. Upendra Rai, S/o Sri Ram Snehi praying for a payment of House Rent Allowance to the teachers who are residing within the 8 kms of the municipal area as per letter No. 1447 dated 22.12.2022 written to all the District Education Officers, Bihar by Additional Chief Secretary, Education Department, Bihar (Annexure-3 to the writ petition).

Patna High Court CWJC No.11764 of 2023(4) dt.09-09-2025 2/3

3. Even if the contention of the petitioner is accepted as correct that the teachers residing within 8 kms of the municipal area are entitled to be paid House Rent Allowance in terms of the letter No. 1447 dated 22.12.2022, the particulars of teachers residing within 8 kms of the municipal area who have not received the House Rent Allowance have not been described in the writ petition, so as to enable this Court to reach to a conclusion that such and such teachers are the one who have not been paid House Rent Allowance despite residing within 8 kms of the municipal area.

4. It is so because the petitioner in the instant writ petition, namely, Teachers Struggle Committee through its Chairman Mr. Upendra Rai has not stated in the writ petition as to the Teachers Struggle Committee comprises of how many members and who are those teachers who have not been paid the House Rent Allowance despite residing within 8 kms of the municipal area.

5. It may also be the fact that all teachers are not residing within 8 kms of the municipal area and it may also not be the fact that all teachers residing within 8 kms of the municipal area have not been paid the House Rent Allowance if they are at all entitled to in terms of Annexure-3.

Patna High Court CWJC No.11764 of 2023(4) dt.09-09-2025 3/3

6. Under the circumstances, I deem it appropriate to dispose of this writ petition with liberty granted to the individual members of the Teachers Struggle Committee who have not bee paid the House Rent Allowance in terms of Annexure-3, to agitate their matters for payment of the House Rent Allowance before the appropriate forum/authorities which may also include filing of a writ petition before this Court.

(Nani Tagia, J) Nishant/- U