Sheo Dayal Choudhary And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5366 of 2018 ======================================================

1. Purushotam Kumar, Son of Sri Panchu Rishideo Resident of Ward No. 5, Chausa Paschimi, Chausa, District Madhepura Posted at M.S. Chausa, District- Madhepura.

2. Md. Zarif Ansari, Son of Md. Hanif Saini, Resident of Rahmatganj P.O.- Magarwara Srinagar, P.S.- Kumarkhand District- Madhepura posted at Urdu P.S. Kumarkhand District Madhepura.

3. Subhash Kumar Suman, Son of Damodar Paswan, Resident of VillageKatariya Tola, P.s. Chousa, P.O.- Bhatgama, District- Madhepura, Posted at U.M.S. Chandsuri Tola Block Chousa, District- Madhepura.

4. Ajay Kumar Rajak, Son of Late Laxmi Rajak, Resident of Laxmipur Millik, P.S.- Kumarkhand, District- Madhepura Posted at U.M.S. Guder Chakala, District- Madhepura.

5. Sri Sanjay Kumar, Son of Late Nand Kishore Mandal, Resident of Village- Sadhutola Arajpur, P.O.- Laxmipur Giridhar Distt. Madhepura Posted at U.M.S. Sadhutola, P.S. Chousa, District- Madhepura.

6. Md. Shamim Akhtar, Son of Late Maksud Ansari, Resident of VillageJhitakya, P.S. Sihenshwar, Distt.- Madhepura Posted at Kanya Urdu P.S. Jhitakiya, Sihenshwar, Distt. Madhepura.

7. Nikhil Mishra, Son of Late Bam Bam Mishra, Resident of VillageRanipatti Ward No. 12, P.S. Kumarkhand, Distt.- Madhepura Posted at U.M.S Madanpur South Distt. Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education Government of Bihar, Patna.

2. The Principal Secretary, Department of Education Government of Bihar, Patna.

3. The Principal Secretary, Department of Finance, Government of Bihar, Patna.

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

5. The Regional Deputy Director of Education, Saharasa.

6. The District Education Officer, Madhepura.

7. The District Program Officer (Establishment), Madhepura. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.5474 of 2018 ====================================================== Sheo Dayal Choudhary & Ors .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

(In CWJC No.5366 of 2018) For the Petitioner/s : Mr. Arabind Nath Pandey

Patna High Court CWJC No.5366 of 2018 (2) dt.06-04-2018 2/3 For the Respondent/s : Mr. S.C. Mishra- Sc16 (In CWJC No.5474 of 2018) For the Petitioner/s : Mr. Arabind Nath Pandey For the Respondent/s : Mr. Jitendra Kumar Roy No-1 -Sc13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner, counsel appearing on behalf of the State.

Petitioners have filed the present writ application for a direction to the respondents to grant senior pay-scale on completion of 'Kalawadhi' of 12 years.

Learned counsel for the petitioners submits that the issue raised in the present writ application is no more res integra. A coordinate Bench of this Court had occasioned to decide the issue in C.W.J.C. No.6139 of 2007 vide order dated 31.03.2011. The order of the writ Court was affirmed by the LPA Court in LPA No.756 of 2015 dated 01.11.2017.

In view of the above, the present writ application is also disposed of with direction to the respondents to examine the case of the petitioners in the light of the decision of writ court in C.W.J.C. No.6139 of 2007 dated 31.03.2011 as affirmed by the LPA Court in LPA No.756 of 2015 dated 01.11.2017. Final decision in this regard must be taken by the respondents within a period of sixty days from the date of receipt /

Patna High Court CWJC No.5366 of 2018 (2) dt.06-04-2018 3/3 production of a copy of this order and all consequential benefit including the monetary benefit should be extended to the petitioners within a further period of 30 days from the date of such decision by the respondents.

With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) Sanjeev/- U T