Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18556 of 2019 ====================================================== 1.

Rakesh Kumar Son of late Sadhu Sharan Singh, Residence of VillageTetarpur, P.S. Jairampur, Distt. Sheikhpura. 2.

Krishnakant Son of late Dawarika Mahto, Residence of Muhalla Sakaldev Nagar, P.S. Barbigha, Distt. Sheikhpura.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Principal Secretary, Department of Education, Govt. of Bihar, Patna. 3.

The Principal Secretary Department of Finance, Govt. of Bihar,Patna. 4.

The Director, Primary Education, Govt. of Bihar, Patna. 5.

The Regional Deputy Director of Education Munger Division, Munger. 6.

The District Education Officer, Sheikhpura.

7.

The District Programme officer, Establishment Sheikhpura. 8.

The Block Education Officer, Barbigha.

9.

The District Account Officer, Munger.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar For the Respondent/s :

Mr. Jitendra Kr. Roy 1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-09-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The issue raised in the present writ application is no more res integra. In Ram Ashish Tiwari case, the Co-ordinate Bench of this Court has decided similar issue in C.W.J.C. No. 6139 of 2007 vide order dated 31.03.2011 and the matter is taken to the LPA Court in LPA No. 756 of 2015 and the LPA Court approved the decision of the Single Judge in C.W.J.C. No.

Patna High Court CWJC No.18556 of 2019(2) dt.09-09-2019 2/2 6139 of 2007.

Notwithstanding the fact that the matter was approved by the LPA Court and the SLP preferred against the decision of the LPA Court was also dismissed. The respondents have not granted the benefit of senior scale to the petitioners as yet. Considering the aforesaid, the present writ application is disposed of with a direction to the respondent to take appropriate decision with regard to the claim of the petitioners in light of decision in C.W.J.C. No. 6139 of 2007 which was approved by the LPA Court in LPA No. 756 of 2015. Necessary decision in this regard shall be taken by the respondents at the earliest preferably within a period of 60 days from the date of receipt/production of a copy of this order with all consequential benefits.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U