Ashok Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15280 of 2022 ====================================================== Ashok Kumar Ram Son of Mohar Ram, Resident of Village- Pithauri, P.O. Paigambarpur, P.S. Baniyapur, District- Saran at Chapra, presently working as Headmaster, Middle School, Pirauta, Block- Baniyapur, District- Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

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

4.

The Regional Deputy Director of Education, Saran Division, Chapra. 5.

The District Education Officer, Saran at Chapra, District- Saran at Chapra. 6.

The District Programme Officer (Establishment), Saran at Chapra, DistrictSaran at Chapra. 7.

The Block Education Officer, Baniyapur, District- Saran at Chapra. 8.

The Headmaster, Girls Middle School, Baniyapur-cum-Drawing and Disbursing Officer, Block Baniyapur, District- Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awnish Kumar, Adv.

For the Respondent/s :

Mr.Madhaw Prasad Yadaw ( Gp 23 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 16-11-2022 Heard the parties.

This writ petition is filed for seeking following reliefs: "(I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities for payment of salary to the petitioner in view of his pay-fixation by the Respondent no. 6 dated 31.07.2019 according to which the petitioner was drawing his salary with annual increments until June, 2022, however, it has

Patna High Court CWJC No.15280 of 2022(2) dt.16-11-2022 2/2 been reduced by the Respondents from July, 2022 which is now being paid to the petitioner after deducting all the benefits of increment, which the petitioner had earned after 31.07.2019 and that too without issuance of any order to this effect and providing any opportunity of hearing to the petitioner. (II) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."

Considering that this matter is covered by the judgment dated 23.02.2022 passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vrs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J., 381 and the judgment dated 07.03.2022 passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), this petition is disposed of with the above terms. If an appeal is preferred before the District Appellate Authority/State Appellate Authority the same shall be taken-up at the earliest and preferably decided within a period of six months.

(Sanjeev Prakash Sharma, J) Shamshad/- Item No. 65 U