Usha Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14620 of 2024 ====================================================== 1 .

Usha Pandey Wife of Late Ram Pravesh Pandey Resident of VillagePithani, P.S.-Dinara, District- Rohtas. 2.

Sarashwati Devi, Wife of Late Shiv Murti Tiwary, Resident of VillageKampany Sarai, P.S.-Sasaram, District-Rohtas. 3 .

Lalita Devi, wife of Late Ravan Prasad, Resident of Village- Bhanpur, P.S.- Dinara, District-Rohtas.

... ... Petitioner/s

Versus

1 .

The State of Bihar through Additional Secretary, Human Resources Development Department Government of Bihar, Vikash Bhawan, Patna. 2.

The Special Director, Secondary Education, Incharge Sanskrit, Education Department, Government of Bihar, Vikash Bhawan, Patna. 3 .

The Bihar Sanskrit Shiksha Board, Bihar, Patna through its Secretary. 4.

The Chairman, Bihar Sanskrit Shiksha Board, Bihar, Patna. 5 .

The Secretary, the Bihar Sanskrit Shiksha Board, Bihar, Patna. 6.

The District Education Officer, Sasaram, District- Rohtas. 7.

The District Programme Officer, Establishment, Sasaram, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Kumar Ishwar , Advocate For the Respondent/s :

Mr. Standing Counsel 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-11-2024 Heard learned counsel for the parties.

2. This writ application has been filed for the following reliefs:- (i) To direct the respondents to make necessary correction for the implementation of 6th pay scale to the

2/4 petitioners with effect from 01.04.2006 and monetary benefit with all Government High Schools and Government Minority High Schools in place of 01.04.2013 for which the petitioners are entitled under the law .

(ii) To direct the respondents to make necessary correction for the implementation of Vth pay scale to the petitioners with effect from 01.01.1986 and all monetary benefits from 01.03.1989 as like the Government High School or Minority Government High School in place of 01.04.1998 .

(iii) To direct the To direct the respondents to make payment of 5th pay scale with all benefits, service allowance and other service benefits from 01.03.1989 to date of retirement of petitioners deceased husband of the aforesaid school as like the government High School and minority Madarsa High School in the State of Bihar and further respondents be directed to give payment of 6th pay scales with all benefits to the petitioners from -1.04.2007 to the date of his retirement as like Government High School and minority Madarsa High Schools.

(iv) To direct the respondents to give priority in payment of salary i. e,. salary allowance and other service benefits to the petitioners deceased husband in the aforesaid school as like the Government High School and Minority Madarsa School in the State of Bihar.

(v) To direct the respondents to give the benefits of the respondents State Government decision memo no. 237 dated 20.02.1990 to the petitioner deceased husband as the Government School and minority Madarsa High School for which the petitioner is fully entitled under the law .

3. Learned counsel for the petitioners submits that case of the petitioners is fully covered with the order/judgment

3/4 of this Court dated 13.08.2019 passed in L.P.A. No. 43 of 2016 and other analogous cases. Learned counsel for the petitioners further submits that pursuant to aforesaid order/judgment of L.P.A. No. 43 of 2016, several orders have been passed by Hon'ble Single Benches of this Court.

4. Learned counsel for the respondents does not dispute the contention made on behalf of the petitioners

5. In view of aforesaid facts and circumstances, this writ application is disposed of with direction to the petitioners to approach the respondents authorities (respondent no. 7) in the light of order/judgment of this Court dated 13.08.2019 passed in L.P.A. No. 43 of 2016 by way of filing a detailed representation(s) along with copy of order passed in L.P.A. No. 43 of 2016 before the concerned respondent within a period of six weeks from the date of receipt / production of copy of this order. If such representation is filed, the concerned respondent shall dispose of the same preferably within a period of ten weeks thereafter after hearing the parties in accordance with law .

6. It goes without saying that if the claim of the petitioners is found admissible by the concerned respondent, he shall ensure that the admissible amount must be paid to the

4/4 petitioners as early as possible.

7. With above observation and direction, the writ application stands disposed of.

(Prabhat Kumar Singh, J) Koushik/- U