Surendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11463 of 2025 ====================================================== 1.

Surendra Kumar Son of Biphan Saw, Resident of Shanti Niwas, Ahead of Chhapra Colony More, Chandpur Bela, P.S- Jakanpur, District- Patna. 2.

Satendra Kumar Singh, Son of Faujdar Singh, Resident of Mohalla- PRDA, Flat No. 205, Block No. 1/93, Rajendra Nagar, Sampat Chak, P.S. Bazar Samati, District- Patna.

3.

Navin Chandra Pathak, Son of Bishwanath Pathak, Resident of House of Umesh Kumar, Road No. 7B, Rajiv Nagar, Keshri Nagar, P.S. Rajiv Nagar, District- Patna.

4.

Prabhat Kumar Singh, Son of Surendra Singh, Resident of House No. 14, Prabhat Jarda Factory Road, Nai Area Sikandarpur, P.S- Muzaffarpur, District- Muzaffarpur.

5.

Surendra Kumar, Son of Madhav Mahseth, Resident of House No. 4, Ward No. 01, Gram Mahar, P.S. Riga, District- Sitamarhi. 6.

Shiv Shambhu Kumar, Son of Nand Ji Prasad, Resident of Ward No. 35, Sahganj D.M.C., P.S- Beta, District- Darbhanga. 7.

Kapil Deo Singh, Son of Satendra Prasad Singh, Resident of Ram Raj Path, R.P. More, Judges Colony, Baily Road Patna, P.S- Danapur, District- Patna. 8.

Mithlesh Kumar Singh, Son of Late Ambika Singh, Resident East Sarista Bad Ambika Kunj, Ward No.16, P.S.- Phulwari, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Education, Govt. of Bihar, Patna.

2.

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

3.

The Director, Secondary Education, Govt. of Bihar, Patna. 4.

The Additional Chief Secretary, Department of Finance, Govt. of Bihar, Patna.

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

For the Petitioner/s :

Mr. Satyam Shivam Sundaram, Advocate.

Mr. Ankit, Advocate.

Mr. Pushkar Anand, Advocate.

For the Respondent/s :

Government Pleader (26) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-07-2025 Heard Mr. Satyam Shivam Sundaram, learned counsel along with Mr. Ankit and Mr. Pushkar Anand, learned counsel appearing on behalf of the petitioners and learned GP-

Patna High Court CWJC No.11463 of 2025(2) dt.22-07-2025 2/3 26 for the State.

2. Mr. Satyam Shivam Sundaram, learned counsel appearing on behalf of the petitioners submits that the petitioners are aggrieved by the inaction on the part of the respondents in so far as the applicable pay scale to the State Vocational Instructor / Teachers has been illegally denied. Learned counsel submits that the petitioners were appointed as per the terms and conditions of the Advertisement of the year 1992. He further submits that the Jharkhand High Court vide judgment and order dated 24.06.2024 passed in L.P.A. No. 158 of 2024 and analogous cases, after giving proper consideration of the individual cases of the appellants, has finally arrived that the Instructors / Vocational Teachers who are drawing pay scale of Rs.5000-8000/- shall be entitled for grant of Grade Pay of Rs.

4800/- on their fulfilling the qualification under the Central Government guidelines for the Vocational Teachers / Instructors, otherwise, they shall be given Grade Pay of Rs.4200. Against the said case, the State of Jharkhand preferred Special Leave Petition (Civil) Diary No(s). 61382 of 2024. The Apex Court found no error in the judgment dated 24.06.2024 passed by the Jharkhand High Court and declined to interfere with the judgment and order passed by the Jhakhand High Court.

Patna High Court CWJC No.11463 of 2025(2) dt.22-07-2025 3/3 weeks from the date of passing of the order i.e. 07.02.2025. He further submits that the State of Jharkhand in due compliance of the law laid down by the Jharkhand High Court and duly been affirmed by the Apex Court has come out with a Resolution No. 1561 dated 19.05.2025.

3. In this background, learned counsel appearing on behalf of the petitioners seeks to withdraw the present writ petition with liberty to file a detailed representation before the Additional Chief Secretary, Education Department, Government of Bihar for considering his case in terms of the law laid down by the Apex Court in S.L.P. (Civil) Diary No (s). 61382/2024.

4. The Additional Chief Secretary, Education Department, Government of Bihar is directed to consider the representation of the petitioners in light of the law laid down by the Apex Court in S.L.P. (Civil) Diary No (s). 61382/2024 within a period of six weeks, as per the mandate of the law laid down by the Apex Court.

5. The writ petition stands disposed of.

(Purnendu Singh, J) mantreshwar/- U