Md. Atiqur Rahman v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10310 of 2018 ====================================================== Md. Atiqur Rahman Son of Late Abdul Qaioom Resident of Village - Kataiya, Police Station - Marauna, District - Supaul. At present posted and working as an Assistant Teacher in Government Middle School, Manoharpatti, Anchal - Marauna, District - Supaul.

... ... Petitioner/s

Versus

1. The State of Bihar.

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

3. The Principal Secretary, Finance Department, Government of Bihar, Patna.

4. The Director, Primary Education, Bihar, Patna.

5. The District Education Officer, Supaul.

6. The District Programme Officer (Establishment), Supaul.

7. The Block Education Officer, Marauna, District - Supaul.

8. The District Accounts Officer, Saharsa.

9. The District Treasury Officer, Saharsa.

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

For the Petitioner :

Mr. Umesh Kumar Mishra, Adv.

For the State :

Mr. Madanjit Kumar-GP20 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2018 Heard the parties.

In the present writ application, the following reliefs have been sought for on behalf of the petitioner : 1(I) For issuance of an appropriate writ in the nature of mandamus for commanding directing the respondent authorities concerned to grant senior scale/time bound promotion/A.C.P. to the petitioner after completion of 12 years of his joining in his service as an assistant teacher in the matric trained post.

(II) For issuance of an appropriate

Patna High Court CWJC No.10310 of 2018(2) dt.02-08-2018 2/3 writ in the nature of mandamus for commanding and directing the respondent authorities concerned to provide the same and similar benefits under Bihar State Litigation Policy 2011 under Rule 4(c), by which he is entitled for same benefits as per the direction of the Hon'ble High Court, Patna passed in similarly situated teachers, orders dated 31.03.2011 passed in CWJC No.6139/2017 Ram Ashis Tiwary & Ors Vs. The State of Bihar & Ors and order dated 01.11.2017 passed in CWJC No.14670 of 2014 Smt. Kumari Kalpana Rani Vs. The State of Bihar & Ors.

(III) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to grant all consequential benefits to the petitioner from his due date of entitlement in the senior pay scale with all consequential benefits.

It has been submitted that the case of the petitioner is squarely covered by the order dated 24.07.2018 passed in C.W.J.C. No.10101 of 2018.

The respondent No.6 i.e. The District Programme Officer (Establishment), Supaul is directed to examine the case of the petitioner in the light of the case as referred above and

Patna High Court CWJC No.10310 of 2018(2) dt.02-08-2018 3/3 dispose of the case of the petitioner in accordance with law within a period of three months from the date of receipt/production of a copy of this order.

If the petitioner is entitled to the reliefs sought for, the respondents will be obliged to pass an order taking into account the Clause 4.(C)(1) of the State Litigation Policy. With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U