Manishankar Gopal And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2173 of 2019 ======================================================

1. Manishankar Gopal and Anr S/o Late Ram Chandra Singh Residing at Charu Chand Mukherjee Road Adampur District Bhagalpur

2. Nilu Sinha D/o Sri Janardhan Prasad Singh Resident Of Village Devipur PO Nandlalpur PS Kahalgaon District Bhagalpur ... ... Petitioner/s

Versus

1. The State Of Bihar and Ors Through the Principal Secretary Of the Education Department Government Of Bihar Patna

2. The Principal Secretary Of the Education Department Government Of Bihar Patna Patna

3. The Director Primary Education Government of Bihar ,Patna

4. The Regional Deputy Director Of Education Bhagalpur ,District Bhagalpur

5. The District Education Officer Bhagalpur District Bhagalpur Bihar

6. The District Programme Officer Establishment Bhagalpur Bhagalpur

7. The District Account officer Bhagalpur District Bhagalpur

8. The District Treasury Officer,Bhagalpur District Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Respondent/s :

Mr.Smt. Shilpa Singh (Ga12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 08-02-2019 1.

Heard the learned counsel for the petitioners and the learned counsel appearing for the State.

2.

The present writ petition is filed for issuing a direction upon the respondents to grant senior pay-scale on completion of a period of 12 years.

3.

The learned counsel for the petitioners submits that the issue raised in the present writ petition is no more res integra. A coordinate Bench of this Court had already decided the issue vide order dated 31.03.2011 passed in C.W.J.C. no.

Patna High Court CWJC No.2173 of 2019 dt.08-02-2019 2/2 6139 of 2007 (Ram Ashis Tiwary and others v. The State of Bihar and others) and the order of the Writ Court was affirmed in L.P.A. no. 756 of 2015 dated 16.08.2017.

4.

In above view of the matter, the present writ petition is disposed of with a direction to the respondents to examine the case of the petitioners in light of the decision of the Writ Court in C.W.J.C. no. 6139 of 2007 dated 31.03.2011 as affirmed in L.P.A. no. 756 of 2015 dated 16.08.2017 and the final decision in this regard must be taken by the respondents within a period of two months from the date of receipt/ production of a copy of this order and all consequential benefits including the monetary benefit should be extended to the petitioners within a period of one month thereafter. 5.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.02.2019 Transmission Date NA