Patna High CourtCWJC/10101/2017disposed

Renuka Shahi v. The State Of Bihar And ORS

2019-08-22Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10101 of 2017 ====================================================== Renuka Shahi, W/o Umesh Prasad Singh, resident of -7/95, Shree Nagar Colony, P.S.-Bhagwanpur, District-Muzaffarpur, retired as Headmistress from Rajkiya Middle School, Pakari Ismail, Block- Musahari, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1. The State of Bihar

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

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

4. The Regional Dy. Director of Education, Tirhut Division, Muzaffarpur.

5. The District Education Officer, Muzaffarpur, District-Muzaffarpur.

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

For the Petitioner/s :

Mr.Shashi Bhushan Singh For the Respondent/s :

Smt.Shilpa Singh-Ga12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-08-2019 Grievance of the petitioner is discrimination in the matter of grant of benefit of pay scale of Headmistress/Headmaster.

Learned counsel for the petitioner submits that similarly circumstanced including juniors have been granted the benefit but the petitioner has not been given the benefit. Such action of the respondents is arbitrary and violative of Article 14 of the Constitution.

Considering the aforesaid, the writ petition is disposed of with a direction to the Director, Primary Education to take appropriate decision with regard to claim of the petitioner and if

Patna High Court CWJC No.10101 of 2017(5) dt.22-08-2019 2/2 it is found that juniors to the petitioner have been granted benefit of pay scale of Headmistress/Headmaster, the same may be extended to this petitioner as juniors cannot be granted such benefit without granting to the senior.

The respondent Director is required to grant benefit from the date juniors to the petitioner have been granted such benefit.

Necessary decision in this regard may be taken by the respondent Director within a period of three months from the date of receipt/production of a copy of this order. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U