Govind Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15219 of 2014 ====================================================== Govind Thakur Son of Late Nagendra Thakur, Headmaster Middle School, Kumedan Tola, Sitanabad, P.S.- Simri Bakhtiyarpur, District- Saharsa. ... ... Petitioner/s

Versus

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

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

3. The Regional Deputy Director of Education, Saharsa.

4. The District Education Officer, Saharsa.

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

For the Petitioner/s :

Mr. Pramod Mishra, advocate For the Respondent/s :

Mr. Jitendra Kumar, AC to AAG-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-09-2018 Heard, Mr. Pramod Mishra learned counsel for the petitioner and counsel appearing on behalf of the State. With reference to Annexure-2, learned counsel for the petitioner submits that at serial no. 15 and 16 of the Annexure-2, they have been granted graduate pay scale w.e.f. 01.09.1990 and pay scale of headmaster w.e.f 1995. But the respondents have adopted different yardstick in the matter of petitioner and as such the petitioner has been deprived of the benefit which was made available to the juniors to the petitioner. He submits that in the peculiar facts of the case, when the respondents have not filed any counter affidavit, the writ petition may be disposed of by granting liberty to the petitioner to file exhaustive

Patna High Court CWJC No.15219 of 2014(2) dt.07-09-2018 2/2 representation to the respondent no. 5, District Programme Officer (establishment), Saharasa, so that his grievance may be properly addressed by the District Programme Officer (Establishment) Saharasa.

In view of the above, the writ petition is disposed of with direction to the District Programme Officer (establishment) Saharasa to consider the representation, if filed by the petitioner along with copy of this order and pass appropriate order on the representation filed by the petitioner within a maximum period of four months from the date of filing of the representation by the petitioner and in the even petitioner's claim merits consideration similar treatment should be extended to the petitioner also like serial No.15 and 16 of the Annexure-2. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) T.Kr./- U