Patna High CourtCWJC/13183/2018disposed

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

2018-08-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13183 of 2018 ======================================================

1. Birendra Kumar, Son of late Ram Lakhan Thakur, Resident of Village-Harishankarpur, P.S. Dalsinghsar District-Samastipur at Present Panchayat Teacher, Primary School, Asin Chak BlockDalsingsarai, Distt. Samastipur.

2. Rajesh Kumar, Son of late Bindeshwari Sahu, Resident of Village-Mauzi P.S. Hasanpur, Distt.-Samastipur. at Present Block Teacher Middle School Maldhah Block Hasanpur Distt.- Samastipur.

3. Md. Enayatullah, Son of late Md. Arif Hussain R/o VillageMahra Tole Lahargachiya, P.O.-Dihavishnupur, Block-Singhiya District-Samastipur at Present-Block teacher, Primary Girls School, Sirsiya, Block-Hasanpur, Distt.-Samastipur. ... ... Petitioner/s

Versus

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

2. The Director, Primary Education, Education Department Govt. of BIhar, Patna.

3. The District Education Officer, Samastipur.

4. The District Programme Officer, (Establishment), Samastipur.

5. The Block Education Officer, Dalsinghsarai, Samastipur.

6. The Block Education Officer, Hasanpur, Samastipur. ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Jha For the Respondent/s :

Mr. Binita Singh- Sc28 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2018 Heard the parties.

Following relief has been sought for in the present application on behalf of the petitioners:

"1. That this writ application is being filed for issuance of a direction to the respondents, especially the respondent no. 4 The District Programme Officer (Establishment), Samastipur to consider the case of the petitioners for granting regular pay protection in terms of the judgment of the Hon'ble Apex Court

Patna High Court CWJC No.13183 of 2018(2) dt.10-08-2018 2/2 reported in 2017(5) SCC 383 and the letter no. 38 dated 12.2.2018 issued by the Education Department, Government. This writ application is also being filed for issuance of a direction to the respondents to allow the petitioners as a regular teacher on regular pay scale from the date of their joining and all admissible consequential benefits may be ordered to give the petitioners."

It has been submitted on behalf of the petitioners that the cases of the petitioners are squarely covered by the order dated 11.05.2018 passed in C.W.J.C. No. 8963 of 2018. The respondent no. 4 (The District Programme Officer (Establishment), Samastipur is directed to examine the cases of the petitioners in the light of the order dated 11.05.2018 passed in C.W.J.C. No. 8963 of 2018 and pass an appropriate order(s) in accordance with law within a period of three months from the date of receipt/production of a copy of this order. With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U