Md. Waliullah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24220 of 2013 ====================================================== Md. Waliullah Son Of Ataur Rahman Resident Of Village- Baboo Salimpur, P.O.- Ryam Factory District- Darbhanga ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Department Of Education, Govt. Of Bihar, Patna

3. The Special Director, Secondary Education, Department Of Education, Govt. Of Bihar, Patna

4. The District Education Officer, Darbhanga District- Darbhanga

5. The Bihar State Madarsa Education Board, Patna Through Its Secretary Null 5-Vidyapati Marg, P.S. Kotwali Distt. Patna

6. The Chairman, Bihar State Madarsa Education Board, Patna Null 5-Vidyapati Marg, P.S. Kotwali Distt. Patna

7. The Secretary, Bihar State Madarsa Education Board, Patna 5-Vidyapati Marg, P.S. Kotwali Distt. Patna

8. The Head Moulvi, Madarsa Sadiquelaloom Sadiquepur, P.O.- Ryamfactory, District- Darbhanga

9. The Managing Committee Of The Madarsa Sadiqululoom At Sadaquepur, P.O.- Ryam Factory, District- Darbhanga Through Its Secretary ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Md. Nazir Ansari, Advocate Mr. Rajnandan Prasad, Advocate For the State :

Mrs. Nutan Kumari, AC to GA-1 For Madarsa Board :

Md. Rashid Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 08-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State as well as the Madarsa Board.

2. The grievance of the petitioner in the present writ petition is discrimination in the matter of payment of salary.

3. Learned counsel for the petitioner submits that similarly circumstanced others have been granted the benefit of payment of salary whereas the petitioner has been discriminated.

Patna High Court CWJC No.24220 of 2013 dt.08-08-2018 2/2

4. This writ petition was filed on 4.12.2013 and even after more than 4 1⁄2 years, no counter affidavit has been filed in the instant case.

5. Under the aforesaid circumstances, the writ petition is disposed of with a direction to the respondent-Madarsa Board to examine the claim of the petitioner and if it is found that the claim of the petitioner is identical to the teachers in whose favour Annexure-9 was issued on 3rd August, 2012, similar benefit may be extended to this petitioner. Necessary decision in this regard must be taken 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 09.08.2018 Transmission Date