Rabindra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16560 of 2019 ====================================================== 1.

Rabindra Sharma Son of late Sudama Sharma, Resident of Village- Khajuri, Post Office- Khajuri, Police Station- Naubatpur, District- Patna, at Present Posted as Head Master, Town Middle School, Hajipur, Mufti Muhalla, Post Office- Hajipur, Police Station- Nagar Thana, District- Vaishali. 2.

Gajendra Sharma, Son of late Ramlakhan Singh, Resident of VillageMammadpur, Post Office- Painal, Police Station- Bihta, District- Patna at Present Posted as Assistant Teacher, Town Middle School, Hajipur, Mufti Muhalla, Post Office- Hajipur, Police Station- Nagar Thana, DistrictVaishali. 3.

Neelam Kumar@ Neelam Sharma, D/o late Lal Kishun Singh, Resident of Q. No. B-III- 565, Post Office- Dhurwa-4, District- Ranchi, at Present Posted as Assistant Teacher, Town Middle School, Hajipur, Mufti Muhalla, Post Office- Hajipur, Police Station- Nagar Thana, District- Vaishali. 4.

Suman Mishra, D/o Sri Dhurwa Narayan Mishra, Resident of VillageKutubpur, Post Office- Kutubpue, Police Station- Bidupur, District- Vaishali, at Present Posted as Assistant Teacher, Town Middle School, Hajipur, Mufti Muhalla, Post Office- Hajipur, Police Station- Nagar Thana, DistrictVaishali. 5.

Mithilesh Kumar Rai, Son of late Thag Rai, Resident of Village and Post Office- Baraepatty, Police Station- Yadopur, District- Gopalganj, at Present Posted as Assistant Teacher, Town Middle School, Hajipur, Mufti Muhalla, Post Office- Hajipur, Police Station- Nagar Thana, District- Vaishali. 6.

Manoj Kumar, Son of Shri Shiv Narayan Sharma, Resident of Village- Itha, Post Office- Dholi, Police Station- Sakra, District- Muzaffarpur, at Present Posted as Assistant Teacher, Town Middle School, Hajipur, Mufti Muhalla, Post Office- Hajipur, Police Station- Nagar Thana, District- Vaishali. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Education Department, Bihar, Patna. 3.

The Director, Primary Education, Bihar, Patna. 4.

The District Education Officer, District- Vaishali, Hajipur. 5.

The District Programme Officer (Establishment), Vaishali, Hajipur. 6.

The District Account Officer, Vaishali, Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Respondent/s :

Mr. Madhaw Prasad Yadaw, GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

Patna High Court CWJC No.16560 of 2019(2) dt.16-08-2019 2/3 ORAL ORDER 16-08-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners have approach this Court for a direction to the respondent District Programme Officer, (Establishment), Vaishali, Hajipur for fixation of pay of the petitioners in 6th Pay Revision Scale.

Learned counsel appearing on behalf of petitioners submits that the State Government took a policy decision vide resolution No. 1334 dated 08.08.2006 which admits grant of Pay Revision.

Learned counsel appearing on behalf of petitioner submits that unfortunately despite specific policy decision of the State Government, petitioners have been denied the benefit of pay scale of 6th Pay Revision Scale. Petitioners have approach the District Programme Officer, (Establishment), Vaishali, Hajipur for redressal of their grievance but unfortunately till date no action was taken by the District Programme Officer, (Establishment), Vaishali, Hajipur even the letter address by the headmaster of the school in question dated 30.04.2019 failed to evoke any response.

Considering the aforesaid, the District Programme Officer, (Establishment), Vaishali, Hajipur is hereby directed to

Patna High Court CWJC No.16560 of 2019(2) dt.16-08-2019 3/3 take appropriate decision with regard to the claim of the petitioner in the light of Annexure-1 at the earliest preferably within a period of 60 days from the date of receipt/production of copy of this order and grant all consequential benefits within a further period of 30 days.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U