Patna High CourtCWJC/10031/2013disposed

Shibasis Banerjee v. The State Of Bihar And ORS

2018-10-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10031 of 2013 ====================================================== Shibasis Banerjee S/O Late Bishwanath Banerjee Resident Of House No. 69, Road No. 4, Kishori Mohan Complex, Near Chandauti More, Town And District - Gaya, At Present Posted As Assistant Teacher, Government Middle School, Bandhua, Manpur, Gaya ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Education Department, Government Of Bihar, Patna - 1

3. The Director, Primary Education, Government Of Bihar, Patna

4. The District Magistrate, Gaya

5. The Deputy Development Commissioner - Cum - Chairman, District Education Establishment Committee, Gaya

6. The Regional Deputy Director Of Education, Gaya

7. The District Education Officer, Gaya

8. The District Programme Officer ( Establishment ) Gaya

9. The District Treasury Officer, Gaya

10. The District Accounts Officer, Gaya

11. The Block Education Officer, Manpur Block, District Gaya

12. The Headmaster - Cum - Drwaing & Disbursing Officer, Government Middle School Manpur Adda, District Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Advocate For the Respondent/s :

Mr. Subhash Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-10-2018 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The issue raised in this writ application is no more res integra as a coordinate Bench of this Court had decided the issue that the persons who failed in some papers and were allowed to sit as a compartmental examinees, would be treated to have passed the examination in the first attempt itself and their entitlement of pay scale will be from 01.10

Patna High Court CWJC No.10031 of 2013(5) dt.12-10-2018 2/2 2003. Such decision was upheld by the Division Bench of this Court in L.P.A. No. 1870 of 2015.

In view of the above, the respondents are directed to consider the case of the petitioner in the light of the decision of this Court in C.W.J.C. No. 2892 of 2013 and analogous cases within a maximum period of three months, from the date of receipt/ production of this order and grant all consequential benefit within the same period.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) T.Kr./- U