Braj Bhushan Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22242 of 2011 ===========================================================

1. Braj Bhushan Jha S/O Sri Prithivi Pati Jha R/O Village- Kumundpur, P.O.- Singhara, P.S.- Mahua, Distt.- Vaishali, At Present Assistant Teacher, Govt. Middle School Ratanpur, Sakara, Distt.- Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Commissioner cum Secretary, Human Resources Development Department, Govt. Of Bihar, Patna

3. The Director, Primary Education, Govt. Of Bihar, Patna

4. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur

5. The District Magistrate, Muzaffarpur

6. The District Education Officer, Muzaffarpur

7. The District Programme Officer (Establishment), Muzaffarpur

8. The Block Education Officer, Sakara, Muzaffarpur

9. The Head Master, Govt. Middle School Ratanpur, Sakara, Muzaffarpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar For the Respondent/s : Mr. U.S.S.Singh, GP 1 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 17-08-2015 Petitioner filed the writ application when juniors to him were given the benefit of B.A. trained scale on the post of an Assistant Teacher.

The stand of the State in the counter affidavit is that the petitioner failed to produce the original certificates at the time of interview and that was the primary reason as to why his name was not included in the list of candidates who were required to be conferred the benefit of B.A. trained scale.

Counsel for the petitioner vehemently denies the allegation

Patna High Court CWJC No.22242 of 2011 dt.17-08-2015 2/2 or the stand of State. He even goes to the extent of saying that mischief was being played with him for extraneous reasons only to deny him the benefit of BA trained scale.

Let the petitioner produce all the original certificates before the District Programme Officer (Establishment), Muzaffarpur, who will also verify the authenticity thereof and place the matter before the Committee for consideration of the claim of the petitioner for grant of such benefit. A decision in this regard should be taken preferably by 31st of December, 2015. The Court has deliberately fixed 31st December, 2015 as an extended date keeping in mind the impending election to be held in the State of Bihar. No order is required to be passed on the IA at this juncture till a decision on the claim of the petitioner is taken. Writ is disposed of with the above direction. (Ajay Kumar Tripathi, J) sk U