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Patna High CourtCWJC/16391/2022disposed

Diwakar Prasad v. The State Of Bihar

2024-05-16Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16391 of 2022 ====================================================== Diwakar Prasad Son of Ram Pyare Lal Resident of presently working as an Assistant Teacher in Govt. Aadarsh Boys Middle School, Yarpur, Road No. 1, P.O.- G.P.O., Anchal and P.S.- Gardanibagh, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

2.

The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna. 3.

The District Education Officer, Patna.

4.

The District Programme Officer (Establishment), Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh, Adv.

For the Respondent/s :

Mr.Madhaw Pd. Yadaw, GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 16-05-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. By filing the present writ application, the petitioner has prayed for issuance of an appropriate writ in nature of Mandamus for commanding and directing the respondents for grant of Matric Trained Scale in terms of law settled on 11.04.2018 in C.W.J.C. No. 7322 of 2017 Abdus Samad Versus The State of Bihar & Ors holding to extend the benefits of Matric Trained Scale after 3 years from the date of

Patna High Court CWJC No.16391 of 2022 dt.16-05-2024 2/3 joining.

3. At the very outset, learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent authorities for redressal of his aforesaid grievance. Liberty, so sought, is granted.

4. After hearing learned counsel for the petitioner and also perusing the contents of the writ application, this writ application is disposed of with a direction to the petitioner to file a detailed representation enclosing the order dated 11.04.2018 passed in C.W.J.C. No. 7322 of 2017 before the District Programme Officer (Establishment), Patna (respondent no.4) along with the supporting documents within two weeks. The respondent no. 4 is well advised to dispose of the representation of the petitioner by a reasoned and speaking order within a period of ten weeks from the date of filing of such representation by the petitioner after hearing the petitioner personally or through his counsel.

5. It goes without saying that if the petitioner is found entitled for Matric Trained Scale in light of law settled in the order dated 11.04.2018 passed in C.W.J.C. No. 7322 of 2017, he would be entitled to other consequential benefits as well.

6. It is made clear that the respondent no.4 shall be

Patna High Court CWJC No.16391 of 2022 dt.16-05-2024 3/3 personally responsible for non-compliance of this order within the stipulated period.

(Anjani Kumar Sharan, J) divyanshi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.05.2024 Transmission Date NA