Jiv Nath Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11121 of 2024 ====================================================== 1.

Jiv Nath Jha Son of Late Taj Narayan Jha Resident of Village Mansapur, Police Station-Laukhi, District- Madhubani 2.

Rabindra Nath Yadav Son of Late Jilebi Yadav Resident of VillageSonvarsha, Police Station- Laukhi, District- Madhubani. 3.

Vijay Ram Mishra Son of Late Hazari Mishra Resident of Village-Mansapur, Police Station- Laukhi, District- Madhubani.

4.

Durga Nand Pathak Son of Late Bindeshwar Pathak Resident of VillageMansapur, Police Station- Laukhi, District- Madhubani. 5.

Ram Kumari Wife of Shri Lal Jha Resident of Village- Rambhadrapur Lagma, Police Station- Sakatpur, District- Madhubani. 6.

Thakkan Mishra Son of Late Sundar Mishra Resident of Village- Mansapur, Police Station-Laukhi, District- Madhubani.

7.

Amar Nath Jha Son of Late Lutan Jha Resident of Village- Parjuar, Police Station- Arer, District- Madhubani.

... ... Petitioner/s

Versus

1.

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

2.

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

3.

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

4.

The Special Director, Secondary Education (Incharge Sanskrit), Department of Education, Government of Bihar, Patna.

5.

The District Education Officer, Madhubani.

6.

The District Programme Officer, Establishment, Madhubani. 7.

The Chairman, Bihar Sanskrit Shiksha Board, Patna. 8.

The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemant Kumar Jha For the Respondent/s :

Mr. Vivek Prasad, GP-7 Mr. Sanjay Kumar, AC to GP-7 For the Board :

Mr. S. S. Sundaram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

Patna High Court CWJC No.11121 of 2024(2) dt.29-07-2024 2/3 ORAL ORDER 29-07-2024

1. Learned counsel for the petitioners submits that the petitioners are claiming the difference of salary pursuant to the revision of pay scale as per 5th and 6th Pay Revision and also for grant of benefit of 7th Pay Revision.

2. He further submits that in the similar matter, with regard to the payment of difference of salary under 5th and 6th Pay Revision, the Division Bench of this Court by order, dated 13.08.2019, passed in LPA No. 43 of 2016, has directed for payment of difference of salary under 5th and 6th Pay Revision to the teaching and non-teaching staff of the Government schools together with Dearness Allowance admissible thereon. The case of the petitioners is fully covered by the aforesaid order, dated 13.08.2019.

3. Learned counsel for the Bihar Sanskrit Shiksha Board as well as the State submits that in so far as 7th Pay Revision is concerned, the same has not been implemented and in the future, if it is implemented, the same would be granted to the petitioners as per the law.

4. Having heard learned counsel for the parties and taking into consideration the submissions of the petitioners that the case of the petitioners is squarely covered by the

Patna High Court CWJC No.11121 of 2024(2) dt.29-07-2024 3/3 order, of the Division Bench of this Court passed in passed in the LPA No. 43 of 2016, dated 13.08.2019, the present writ application is disposed with liberty to the petitioners to file a representation, along with relevant documents, before the District Education Officer, Madhubani, within a period of four weeks.

5. If such a representation is filed, the District Education Officer, Madhubani, shall dispose the same in accordance with law and by a reasoned order within a period of three months from the date of receipt of the representation and the petitioners shall be granted personal hearing in the matter.

6. It goes without saying that if the claim of the petitioners is found admissible by the District Education Officer, Madhubani, the requisite amount shall be paid to the petitioners within a period of one month from the date of disposal of the representation.

7. With the aforesaid observations and directions, this writ application is disposed.

(Anil Kumar Sinha, J) ashwani/- U