Azad Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12919 of 2024 1.
Azad Alam Son of Abdul Hamid Resident of village- Tilokwa, Police Station- Shikarpur, District- West Champaran. 2.
Khushlehan Son of Md. Jokhu Resident of Village- Parsa, Police StationParsottampur, District- West Champaran. 3.
Rafiullah Son of Masood Alam Resident of Village- Parsa, Police StationParsottampur, District- West Champaran. 4.
Kalam Mian Son of Ali Hasan Mian Resident of Village- Tilokwa, Police Station- Shikarpur, District- West Champaran. 5.
Md. Hasan Son of Abdul Hakim Resident of Village- Bherihari, Police Station- Balthar, District- West Champaran.
6.
Irshad Ahmad Son of Khaliullah Resident of Village- Bhogari, Police Station- Majhaulia, District- West Champaran. 7.
Nurunesa Daughter of Md. Anas Resident of Village- Padampur, Police Station- Birpur, District- Supaul.
8.
Md. Zakir Son of Md. Farooq Azam Resident of Village- Lahsania, Police Station- Patahi, District- East Champaran.
9.
Md. Rashid Son of Abdul Hannan Resident of Village- Lahsania, Police Station- Patahi, District- East Champaran.
10.
Md. Ahmad Son of Bachcha Mian, Resident of Village- Jhumka, Police Station- Sikta, District- West Champaran.
11.
Md. Ala-ud-din Son of Md. Nabi Hasan Resident of Village- Jhumka, Police Station- Sikta, District- West Champaran.
12.
Shafi-uj-zaman Son of Md. Kamil Resident of Village- Bastha, Police Station- Maniataur, District- West Champaran. 13.
Wasim Akhtar Son of Abdul Gaffar Ansari Resident of Village- Bastha, Police Station- Maniataur, District- West Champaran. 14.
Nasra Khatoon Wife of Md. Irsadullah Resident of Village- Parsa Dumaria, Police Station- Majhaulia, District- West Champaran. 15.
Md. Azi-zul-Haq Son of Ash Mohammad Resident of Village- Dubwalia, Police Station- Ramgarhwa, District- East Champaran. 16.
Md. Waizul-Haque Son of Md. Ali Akbar Hussain Resident of VillageParsa, Police Station- Majhaulia, District- West Champaran. 17.
Md. Gulam Rasool Son of Abdul Gaffar Ansari Resident of Village- Deurba, Police Station- Lauria, District- West Champaran. 18.
Abdul Azim Son of Md. Yunus Ansari Resident of Village- Basra, Police Station- Majhaulia, District- West Champaran. 19.
Abdul Noor Son of Abdul Aziz Resident of Village- Jhumka, Police StationSikta, District- West Champaran. 20.
Md. Kalimullah Son of Shafi Ahmed Resident of Village- Bardahi, Police Station- Sikta, District- West Champaran.
2/4 21.
Mozibullah Son of Abdullah Resident of Village- Jhumka, Police StationSikta, District- West Champaran. 22.
Md. Ibrahim Son of Rayis Sheikh Resident of Village- Jhumka, Police Station- Sikta, District- West Champaran.
23.
Nasir Ahmed Son of Abdul Nayeem Resident of Village- Bastha, Police Station- Maniataur, District- West Champaran. 24.
Md. Jafrullah Son of Wakil Ahmed Resident of Village- Lal Parsa, Police Station- Sikta, District- West Champaran.
25.
Md. Imda-dullah Son of Karmullah Resident of Village- Jhumka, Police Station- Sikta, District- West Champaran.
26.
Jaka-ullah Son of Neyaz Ahmed Resident of Village- Jhumka, Police Station- Sikta, District- West Champaran.
27.
Firoz Alam Son of Md. Naimuddin Resident of Village- Bheriarba, Police Station- Kangli, District- West Champaran.
28.
Md. Eqbal Ahmed Son of Md. Ainul Haque Resident of Village- Kursibarba, Police Station- Sikta, District- West Champaran. 29.
Ani-Sur-Rahman Son of Moti-ur-Rahman Resident of Village- Bahera, Police Station- Sikta, District- West Champaran. 30.
Afroz Alam Son of Ahmed Hussain Resident of Village- Gadbahulari, Police Station- Ramgarhwa, District- East Champaran. 31.
Md. Aslam Son of Abdul Hafiz Resident of Village- Bahera, Police StationSikta, District- West Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.
2.
The Principal Secretary, Department of Education, Government of Bihar, Patna.
3.
The Principal Secretary, Department of Finance, Government of Bihar, Patna.
4.
The Special Director, Secondary Education, Department of Education, Government of Bihar, Patna.
5.
The District Education Officer, West Champaran. 6.
The District Programme Officer, Establishment, West Champaran. 7.
The Bihar State Madarsa Education Board, Patna through its Secretary. 8.
The Secretary, Bihar State Madarsa Education Board, Patna. ... ... Respondent/s Appearance :
For the Petitioner/s :
Mr. Hemant Kumar Jha, Advocate For the Respondent/s :
Mr. Government Pleader (26) For Madarsa Board :
Mr. Shahzad Hassan Khan, Advocate Md. Aslam Ansari, Advocate
3/4 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 13-11-2024 Heard learned counsel for the petitioners and respondents.
2. This writ application has been filed for commanding the respondents to make payment of arrears by way of differential amount of salary in the revised pay-scale under 5th, 6th and 7th Pay Revision in the same manner as allowed to the teaching and non-teaching staffs of the Government Schools together with Dearness Allowance admissible thereon as has been directed by the Division Bench of this Hon'ble Court in L.P.A. No. 43 of 2016 and analogous cases, vide order dated 13.08.2019.
3. Learned counsel for the petitioners submits that case of the petitioners is fully covered with the order/judgment of this Court dated 13.08.2019 passed in L.P.A. No. 43 of 2016 and other analogous cases (Annexure P/1).
4. Learned counsel for the respondents does not dispute the contention made on behalf of the petitioners.
5. In view of aforesaid facts and circumstances, this writ application is disposed of with direction to the petitioners to approach the respondents authorities in the light of
4/4 order/judgment of this Court dated 13.08.2019 passed in L.P.A. No. 43 of 2016 by way of filing a detailed representation(s) alongwith copy of order passed in L.P.A. No. 43 of 2016 before the concerned respondent within a period of six weeks from the date of receipt / production of copy of this order. If such representation is filed, the concerned respondent shall dispose of the same preferably within a period of ten weeks thereafter after hearing the parties in accordance with law.
6. It goes without saying that if the claim of the petitioners is found admissible by the concerned respondent, he shall ensure that the admissible amount must be paid to the petitioners as early as possible.
7. With above observation and direction, the writ application stands disposed of.
(Prabhat Kumar Singh, J) utkarsh/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 14.11.2024 Transmission Date 14.11.2024