Azima Jafri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11202 of 2024 ====================================================== 1.

Azima Jafri W/o Md. Shamim Ahmad, resident of Mohalla-Kaura Maidan, Masjid Ke Pas, P.S.-Kotwali, District-Munger. 2.

Md. Ziaul Haque, S/o Md. Razaul Haque, resident of Village-Ward No. 01, Nurpur, P.S.-Barauni, District-Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Education, Government of Bihar. 3.

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

4.

The Director Primary Education, Government of Bihar, Patna. 5.

The Regional Deputy Director of Education, Munger Division, Munger. 6.

The District Education Officer, Munger, District-Munger. 7.

The District Programme Officer (Establishment), Munger, District-Munger. 8.

The Treasury Officer, Munger, District-Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Saurabh, Adv.

For the Respondent/s :

Mr. Kamlesh Kishore, A.C. to S.C.-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 29-07-2024 Heard learned counsels for the parties.

2. The petitioners have prayed for the following reliefs:- I) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondents concerned to grant matric trained pay scale with effect from the date of joining of the petitioners as well as grant senior pay scale to the petitioners on completion of 12 years of their service in light of the Division

Patna High Court CWJC No.11202 of 2024 dt.29-07-2024 2/3 Bench Judgment dated 16.08.2017 passed in L.P.A. No. 756 of 2015 as well as the order dated 20.04.2018 passed in C.W.J.C. No. 7255 of 2018. II) For issuance of any other order/direction for granting any other relief/reliefs for which the petitioners are found entitled under the facts and circumstances of the case.

3. At the very outset, learned counsel for the petitioners submits that the case of the petitioners is squarely covered with the Division Bench Judgment dated 16.08.2017 passed in L.P.A. No. 756 of 2015 as well as the order dated 20.04.2018 passed in C.W.J.C. No. 7255 of 2018, hence the present writ petition can also be disposed of in light of the aforesaid order and judgment.

4. In view of the fair submission made by learned counsel for the petitioners, in my view, no useful purpose would be served keeping this writ application pending.

5. Accordingly, this writ application is disposed of with a direction to the petitioners to file a detailed representation before the District Education Officer, Munger (respondent no.6) along with the supporting documents within a period of three weeks from today and respondent no.6 is directed to consider the representation of the petitioners and pass a reasoned and speaking order within six weeks from the date of receipt of the representation of the petitioners after affording an opportunity

Patna High Court CWJC No.11202 of 2024 dt.29-07-2024 3/3 of hearing to the petitioners or their counsel.

6. It is made clear that the District Education Officer, Munger (respondent no.6) shall be held personally responsible for non-compliance of this order within the stipulated period.

7. With the aforesaid direction, this writ application is disposed of.

(Anjani Kumar Sharan, J) divyanshi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.08.2024 Transmission Date NA