Anil Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.28 of 2016 ======================================================

1. Anil Kumar Son of Late Baleshwar Singh resident of village - Narma, P.S. Dulhin Bazar, District - Patna

2. Dina Nath Sharma Son of Late Satrughan Singh resident of village - Raunia, P.S. Naubatpur, District - Patna

3. Mahesh Mahto Son of Sri Baleshwar Mahto resident of village - Bhela Rampur, P.S. Naubatpur, District - Patna .... .... Petitioner/s

Versus

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

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

3. The District Magistrate, Patna

4. The District Education officer, Patna

5. The District Programme officer ( Eastablishment ), Patna

6. The Headmaster, Upgraded Middle School, Aropur Girls School, Naubatpur, Patna

7. The Headmaster, Upgraded Middle School, Amarpur, Naubatpur, Patna

8. The Headmaster, Upgraded Middle School, Gaura, Jagdishpur, Naubatpur, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rohit Mishra For the Respondent/s : Mr. Swaprit Kr. Singh, AC to GA-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-01-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The grievance of the petitioners in the present writ application is non-finalization of the claim of the petitioners for fixation of pay scale.

Learned counsel for the petitioners has drawn attention to the court to the statement made in paragraphs 8 and 9

Patna High Court CWJC No.28 of 2016 (2) dt.03-01-2018 2/3 wherein the petitioners have specifically pleaded that the persons juniors to the petitioners drawing higher salary. The petitioners have approached to the Director, Primary Education on 23.7.2015 vide Annexure-2 for redressal of their grievance. Counsel appearing on behalf of the petitioners submits that the petitioners are entitled to payment of fixation of pay scale according to their seniority as juniors are granted higher pay scale and there is no justification to deny the petitioners. Considering the fact that the petitioners have already approached the Director, Primary Education on 23.7.2015, the writ petition is disposed of with direction to the Director, Primary Education, respondent no.2 who shall examine the claim of the petitioners and if it is found that the juniors to the petitioners have been granted higher pay of scale then the respondent no.2, the Director, Primary Education will see that the petitioners may be granted the similar benefit of pay fixation.

In case, the Director, Primary Education finds that the juniors have been granted pay fixation, he would be under obligation to pass corrective order with regard to fixation of pay scale of the petitioners as well as juniors to the petitioners and in the event the juniors have been granted fixation of pay scale in accordance with law, the similar treatment should be extended to

Patna High Court CWJC No.28 of 2016 (2) dt.03-01-2018 3/3 these petitioners also. Such exercise must be completed within a period of three months from the date of receipt/production of a copy of this order.

It goes without saying that monetary benefit arising out of pay fixation must reach the petitioners within a further period of two months from the date of such order. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U