Mithilesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12332 of 2023 ====================================================== Mithilesh Prasad Singh Son of Madan Singh, Resident of Village-Pratap-pur, Karja Anant, P.O. Karja Dih, P.S.-Kanti, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

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

4.

The District Education Officer, Muzaffarpur.

5.

The District education Officer, Muzaffarpur.

6.

The District Program Officer, Establishment, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yugal Kishore, Adv.

Ms. Rupa Kumari, Adv.

For the Respondent/s :

Mr. S.K. Ranjan, A.C. to GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 07-03-2024 Heard learned counsels for the parties.

2. The petitioner has prayed for following relief(s):- For issuance of a writ in the nature of mandamus and/or an appropriate writ directing the respondents to grant Matric Trained Teachers pay scale to the petitioner with effect from date when the petitioner had completed three years from the date of his joining i.e. on 21/11/1984 as also to pay consequential monetary benefits to the petitioner on account of grant of benefits of Matric Trained Teachers pay scale to the

Patna High Court CWJC No.12332 of 2023 dt.07-03-2024 2/3 petitioner with effect from 21/11/1984 and also to pay super Time scale with effect from 16/03/2012 on completion of 20 years of service in Matric Trained Teacher pay scale as the second MACP in view of the Modified Assured Career Progression Scheme, 2010 as well as other consequential promotion for which the petitioner is legally entitled in accordance with law and/or pass any other order/orders as may deems fit and proper in the fact and circumstances of the case.

3. At the very outset, learned counsel for the petitioner submits that the case of the petitioner is squarely covered with the judgment dated 11.04.2018 passed by a co-ordinate Bench of this Court in C.W.J.C. No. 7322 of 2017, hence the present writ petition can also be disposed of in light of the said judgment dated 11.04.2018.

4. In view of the fair submission made by learned counsel for the petitioner, 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 petitioner to file a representation before the District Education Officer, Muzaffarpur (respondent no.5) along with the judgment aforesaid and other documents in support of his claim. The District Education Officer,

Patna High Court CWJC No.12332 of 2023 dt.07-03-2024 3/3 Muzaffarpur (respondent no.5) shall dispose of the representation of the petitioner by a reasoned and speaking order in accordance with law within six weeks from the date of receipt/production of a copy of this order.

6. It is made clear that the District Education Officer, Muzaffarpur (respondent no.5) shall be personally responsible for non-compliance of this order within the stipulated period. (Anjani Kumar Sharan, J) divyanshi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.03.2024 Transmission Date NA