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Patna High CourtCWJC/19097/2019disposed

Pramod Pandey v. The State Of Bihar

2019-09-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19097 of 2019 ====================================================== 1.

Pramod Pandey S/o Sri Yadunandan Pandey Resident of 0021, Dandibag Road, Ghugaritar, Gaya, P.S. and District- Gaya. 2.

Lakshmi Narayan Pandey Son of Late Nageshwar Pandey Resident of 1509/40, Ashok Vihar Colony, Ward No.46, Chandchaura, Gaya, P.S. 7 District- Gaya.

... ... 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, Gaya.

4.

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

For the Petitioner/s :

Mr.Bipin Bihari Singh, Advocate For the Respondent/s :

Smt.Binita Singh (SC-28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-09-2019 The issue raised in the present writ petition is no more res integra. A co-ordinate Bench of this Court has occasion to decide the issue in the case of Ram Ashis Tiwary & Ors. Vs. The State of Bihar & ors. CWJC No. 6139 of 2007 vide order dated 31.03.2011. LPA No. 756 of 2015 filed against the aforesaid order of the writ court was dismissed on 16.8.2017. When the matter was taken to the Apex Court, the efforts of the State has failed, yet the respondents have not implemented the order passed in the case of Ram Ashis Tiwary and others with regard to other similarly circumstanced teachers

Patna High Court CWJC No.19097 of 2019(2) dt.17-09-2019 2/2 notwithstanding the Litigation Policy, 2011.

Considering the decision of the Co-ordinate Bench in Ram Ashis Tiwary which has been approved by the Apex Court, the present writ petition is disposed of with a direction to the respondents to grant senior pay scale to the petitioners in the light of the observations made in that order at the earliest preferably within a maximum period of 60 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U