Dhannajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18299 of 2021 ====================================================== 1.

Dhannajay Kumar Singh S/o- Late Muneshwar Prasad, R/o- VillageDakhingaon, P.S.- Wazirganj, Distt.- Gaya, at present working on the post of Headmaster in Middle School, Bara (H T), Block- Wazirganj, Distt.- Gaya. 2.

Navin Kumar S/o- Late Shivdeo Singh R/o- Village- Dema Fatehpur, P.S.- Khizersarai, Distt.- Gaya, at present working on the post of Headmaster in Middle School, Malathia, Block- Wazirganj, Distt.- Gaya. 3.

Saket Kumar S/o- Late Ram Gulam Singh R/o- Village- Sarsu, P.S.- Atari, Distt.- Gaya, at present working on the post of Headmaster in Middle School, Sheotar, Block- Mohra, Distt.- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

3.

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

The Deputy Director, Primary Education, Govt. of Bihar, Patna. 5.

The Regional Deputy Director of Education, Magadh Division, Gaya. 6.

The District Education Officer, Gaya.

7.

The District Programme Officer (Establishment), Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Onkar Kumar, Advocate Mr. Nawal Kishor Singh, Advocate For the Respondent/s :

Mr. Madanjeet Kumar ( Gp20 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-03-2025 Heard Mr. Onkar Kumar along with Mr. Nawal Kishor Singh, learned counsels appearing on behalf of the petitioners and Mr. Madanjeet Kumar, learned GP 20 for the State.

2. Petitioners have inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-

Patna High Court CWJC No.18299 of 2021(6) dt.24-03-2025 2/3 " That this is an application for issuance of an appropriate writ(s), order(s), direction(s) commanding the respondents authorities to treat the post graduate degree (M.A.) of petitioners obtained from the Vinayaka Mission University, Salem, Tamilnadu by the petitioners as valid and recognized degree for the purpose of promotion on the post of Headmaster in the Middle schools and accordingly give them all the consequential benefits including difference of arrears of salary as well as current salary in the scale of Head Master as petitioners have already been promoted on the post of Headmaster by the competent authority and are working on the promoted posts but their payment of salary for the promoted posts are not being made to the petitioners.

And/or Pass such other order(s) as your lordships may deem fit and proper in the facts and circumstances of the case."

3. Petitioners in the present writ petition have claimed that petitioners have been promoted in charge headmasters since the year 2017 in view of Bihar Nationalized Elementary School Teacher Promotion Rules, 2011 and they are working on the promoted posts but their payment of salary for the promoted posts are not being made to the petitioners. Learned counsel appearing on behalf of the petitioners informs that petitioners have already filed representation before the District Programme Officer (Establishment) Gaya for considering their case in light of letter No.3371 dated 15.09.2018.

4. In view of the submissions made on behalf of the

Patna High Court CWJC No.18299 of 2021(6) dt.24-03-2025 3/3 petitioners and considering the relief as prayed for in the present writ petition, the petitioners, if so advised, may file a fresh representation before the appropriate authority for considering their case for their entitlement for the salary on the post of pay scale which is applicable to the post of headmaster in accordance with the Rule 2011. The concerned authority is directed to decide the case of the petitioners expeditiously.

5. The writ petition is, accordingly, disposed of. (Purnendu Singh, J) Sanjay/- U