Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15845 of 2019 ====================================================== 1.

Rajesh Kumar S/o Late Nandlal Sah Vill.- Anandiganj Bazar, P.s.- Palanwa, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Purandra Mauje, BlockRaxaul, Distt.- East Champaran 2.

Manoj Kumar S/o Late Dwarika Prasad Vill.- Mauje Mai Asthan, Ward No. 15, P.s.- Raxaul, Distt.- East Champaran. At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Bharwaliya, Block- Raxaul, Distt.- East Champaran 3.

Sanjay Kumar S/o Late Shree Narayan Singh Vill.- Jokiyari, P.s.- Raxual Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Dumariya (Urdu), Block- Raxaul, Distt.- East Champaran 4.

Dhirendra Kumar S/o Late Ranjeet Singh Vill.- Tinkoni, P.s.- Darpa, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Raxaul, Block- Raxaul, Distt.- East Champaran 5.

Srikant Prasad S/o Late Hari Vilas Prasad Vill.- Ucchidih, P.s.- Palanwa, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Ucchidih, BlockRamgarhwa, Distt.- East Champaran 6.

Ramchandra Ram S/o Late Gokhul Ram Vill.- Sakrar, P.s.- Ramgarhwa, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Pokhariya, BlockRamgarhwa, Distt.- East Champaran 7.

Sohan Lal Thakur S/o Sri Kapil Deo Thakur Vill.- Maghi, P.s.- Adapur, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Pachauditola, BlockRamgarhwa, Distt.- East Champaran 8.

Ramnath Pd. S/o Late Prem Sagar Prasad Vill.- Ramgarhwa, P.s.- Ramgarhwa, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Bhedihari, Block- Ramgarhwa, Distt.- East Champaran 9.

Sanjeev Kumar S/o Sri Jai Krishna Sah Vill.- Amodai P.s.- Ramgarhwa, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Tilkahni, BlockRamgarhwa, Distt.- East Champaran 10.

Vijay Kumar S/o Bhola Prasad Vill.- Dhandhi P.s.- Bagaha Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Laxmipur Hindi, Block- Raxaul Distt.- East Champaran 11.

Krishna Mohan Shrivastava s/o Ramdeo Prasad Resident of Mohalla- Block Road, Ward No. 16, P.s.- Raxual, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Senuariya Block- Raxual, Distt.- East Champaran

2/4 12.

Gauri Shankar Prasad S/o Harishchandra Purvey Vill.- Sripur Sugauli, P.s.- Sugauli, Distt.- East Champaran, At present posted and working as Assistant Teacher in Govt. Primary School Hajmatola, Block- Raxaul, Distt.- East Champaran 13.

Harendra Kumar S/o Mukhlal Ram Vill.- Sirisiya Maal P.s.- Nakardei Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Laxmipur Hindi, Block- Raxual, Distt.- East Champaran 14.

Awadhesh Prasad Chaurasiya S/o Birbahadur Prasad Vill.- Bhawanipur, P.s.- Nakardei, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Srirampur, Block- Raxual, Distt.- East Champaran 15.

Vinay Kumar singh S/o Sri Jagat Prasad Singh Vill.- Pantola, P.s.- Ramgarhwa, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Hardiya, Block- Raxual, Distt.- East Champaran 16.

Arvind Kumar Singh S/o Late Binda Singh Resident of Mohalla- Naga Road, Ward No. 22, P.s.- Raxual, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Chikni, Block- Raxaul, Distt.- East Champaran 17.

Md. Farooq Ahmad s/o Gulam Rasool Resident of Mohalla- Bada Pareuwa, Ward No. 17, P.s.- Raxaul, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Dumariya Urdu, Block- Raxaul, Distt.- East Champaran 18.

Subhash Sonkar S/o Late Vishwanath Sonkar Resident of Mohalla- Naga Road, Ward No. 23, P.s.- Raxaul, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Siswa (Kanya), Block- Raxaul, Distt.- East Champaran 19.

Kamlesh Kumar S/o Rajvanshi Sah Resident of Mohalla- Chhota Paredwa, Ward No. 18, P.s.- Raxaul, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Kharkatwa, Block- Ramgarhwa, Distt.- East Champaran 20.

Shailendra Kumar S/o Binda Singh Resident of Mohalla- Naga Road, Ward No. 23, P.s.- Raxaul, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Kanana, Block- Raxaul, Distt.- East Champaran 21.

Chhotelal Rai S/o Late Sitaram Rai Vill.- Raxaul, Mauje Ward No. 15, P.s.- Raxaul, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Bharatmahi, BlockRaxaul, Distt.- East Champaran 22.

Kiran Kumari W/o Dharmendra Kumar Mishra Resident of Mohalla- Naga Road, Ward No.- 23, P.s.- Raxaul, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Senuariya, Block- Raxaul, Distt.- East Champaran 23.

Sobha Kumari W/o Sri Tripurari Prasad Gupta Vill.- Raxaul, P.s.- Raxaul, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Ratanpur, BlockRaxaul, Distt.- East Champaran 24.

Chandan Kumar S/o Late Laxman Prasad Vill.- Puranahiya, P.s.- Ghodasahan, Distt.- East Champaran, At present posted and working as a

3/4 Trained Graduate Teacher in Govt. Upgraded Middle School Rajwada, Block- Ghodasahan, Distt.- East Champaran 25.

Prabhat Kumar S/o Vasudeo Prasad Champarani Vill.- Purnahiya, P.s.- Ghodasahan, Distt.- East Champaran, At present posted and working as a Trained Graduate Teacher in Govt. Upgraded Middle School Jagiraha Kanya, Block- bankatwa, Distt.- East Champaran ... ... 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 Principal Secretary Department of Finance, Govt. of Bihar, Patna 4.

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

The District Education Officer Distt.- East Champaran, Motihari 6.

The District Programme Officer (Establishment) Distt.- East Champaran, Motihari 7.

The Block Education Officer Raxaul, Distt.- East Champaran, Motihari 8.

The Block Education Officer Ghorasahan, Distt.- East Champaran, Motihari 9.

The Block Education Officer Ramgarhwa, Distt.- East Champaran, Motihari 10.

The Headmaster-cum-Drawing and Disbursing Officer Arya Kanya Middle School, Raxaul, Distt.- East Champaran, Motihari 11.

The Headmaster-cum-Drawing and Disbursing Officer Govt. Middle School, Ramgarhwa (Boys), Distt.- East Champaran, Motihari 12.

The Headmaster-cum-Drawing and Disbursing Officer Govt. Middle School, Ghorashan (Boys), Distt.- East Champaran, Motihari 13.

The Headmaster-cum-Drawing and Disbursing Officer Govt. Middle School, Pipra, Bankatwa, Distt.- East Champaran, Motihari 14.

The District Accounts Officer East Champaran, Motihari 15.

The District Treasury Officer East Champaran, Motihari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Adv.

For the Respondent/s :

Mr. Prabhakar Jha, (GP-22) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-08-2019 Learned counsel for the petitioner is permitted to make necessary correction in the petition during the course of the day.

Heard learned counsel for the petitioners and the

4/4 counsel appearing on behalf of the State.

The issue raised in the present writ application is no more res integra.

The similar issue was decided by co-ordinate Bench of this Court in C.W.J.C. No. 6139 of 2007 vide order dated 31.03.2011. The decision of the Division Bench in LPA No. 756 of 2015 is settler on the point.

Considering the aforesaid, the present writ application is disposed of with a direction to the respondent District Programme Officer (Establishment), East Champaran, Motihari to take appropriate decision with regard to the claim of the petitioners for grant of senior pay scale in the light of decision in LPA No. 756 of 2015.

Necessary decision in this regard shall be taken by the respondents at the earliest preferably within a period of 60 days from the date of receipt/production of copy of this order. With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U