Ajay Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14269 of 2024 ====================================================== 1.

Ajay Kumar Sinha son of Late Parmeshwar Dayal, resident of Village-Sima, P.S.-Silao, District-Nalanda.

2.

Shashi Bhushan Prasad son of Late Rameshwar Mahto, resident of VillagePrahladpur, PS-Ghoshwari, District-Patna. 3.

Sharatchandra son of Late Chandrashwar Prasad, resident of Village-Bari Milki, P.S.-Rajgir, District-Nalanda.

4.

Ashok Kumar Malakar, son of Late Motilal Malakar, resident of Village-Bari Kachahari, P.S.-Rajgir, District-Nalanda.

5.

Surendra Prasad, son of Late Tulsi Yadav, resident of Village-Bari Milki, P.S.-Rajgir, District-Nalanda.

6.

Chhotelal Ravidas, son of Late Kishun Ravidas, resident of VillageKhojagachhi, P.S.-Silao, District-Nalanda. 7.

Himanshu Shekhar Baghel son of Late Maulichandra Prasad, resident of Village-Bhagwanpur, P.S.-Nalanda, District-Nalanda. 8.

Ajay Kumar son of Late Kapildev Prasad, resident of Village-Chakpar, P.S.- Rajgir, District-Nalanda.

9.

Arjun Prasad son of Balmukund Prasad, resident of Village-Nahub, P.S.- Rajgir, District-Nalanda.

10.

Shamshad Alam, son of Abdul Rasid, resident of Village-Maulnadih, P.s.- Chhabilapur, District-Nalanda.

11.

Ajay Kumar Singh, son of Late Ram Balak Singh, resident of VillageBindidih, P.S. Silao, District-Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

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

The District Education Officer, Nalanda at Bihar Sharif. 4.

The District Programme Officer (est) Nalanda at Bihar Sharif. 5.

The Regional Deputy Director, Patna Division, Patna. 6.

The Block Education Officer Rajgir, Nalanda.

7.

The Block Education Officer, Giriyak, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Prasad For the Respondent/s :

Mr.Standing Counsel (11) ======================================================

Patna High Court CWJC No.14269 of 2024(2) dt.19-09-2024 2/3 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-09-2024

1. The petitioners are working as Headmasters in the Middle Schools situated in the district of Nalanda. They have filed the present writ application for a direction to the respondents to pay arrears of salary in the light of revision of their salary pursuant to the resolution dated 07.12.2018 bearing Memo No. 8921 issued by the Finance Department, Government of Bihar.

2. Learned counsel for the petitioners submits that by the resolution dated 07.12.2018 after grant of promotion with effect from 01.01.2006 the fixation of initial pay was to be done in accordance with the provisions contained under Schedule II of the resolution dated 21.01.2010. The benefits arising out of revision of pay have been given to all other similarly situated teachers and arrears have been paid in the Nalanda district.

3. In the Service Book of the petitioners, salary has been revised and arrears amount have been fixed but amount has not been paid for the reasons best known to the respondent authorities.

4. The petitioners have filed representations dated 15.04.2023 (Annexure -P/8) & 27.06.2024 (Annexure -P/9) before the District Programme Officer (Establishment), Nalanda & the Director, Primary Education, Bihar Patna respectively but

Patna High Court CWJC No.14269 of 2024(2) dt.19-09-2024 3/3 the same are still pending.

5. Learned counsel for the State submits that the concerned authority may be directed to dispose the representations in accordance with law.

6. Regard being had to the submissions made by the parties, taking into consideration the nature of prayer made in this writ application and the fact that the representations of the petitioners are pending before the District Programme Officer (Establishment), Nalanda at Biharsharif and the Director, Primary Education, Government of Bihar, Patna, this writ application is disposed with direction to respondent no. 4 / District Programme Officer (Establishment), Nalanda at Biharsharif to dispose the representations of the petitioners in accordance with law by a speaking order within a period of three months from the date of receipt / production of a copy of this order.

7. Needless to say that if arrears of amount is found payable to the petitioners, the same shall be paid within a period of one month from the date of disposal of the representations. (Anil Kumar Sinha, J) praful/- U