Vijay Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7363 of 2018 ======================================================

1. Vijay Kumar, S/o Upendra Prasad Yadav, R/o Mohalla- Sandalpur Near Gumti No. 6, P.S.- Mufasil, District- Munger at present Middle School, Block Headquarter, Benigir, Mufasil, District- Munger.

2. Sudarshan Kumar Choudhary, S/o Parmeshwar choudhary, R/o Mohalla- Shadipur Bari, Durga Gali No. 1, P.S.- Kotwali, District Munger at Present Middle School, Bank tola Farda, Anchal- Jamalpur, DistrictMunger.

3. Md. Afjal Ali, S/o Mansoor Ali, R/o Kaura Maidan Near Masjid, P.S.- Kashimbazar, District- Munger at present Musaheb Mahto Tola Singhia, Anchal- Jamalpur, District- Munger.

.... .... Petitioner/s

Versus

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

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

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

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

5. The Regional Deputy Director of Education, Munger, Division, Munger.

6. The District Education Officer, Munger.

7. The District Programme Officer (Establishment), Munger.

8. The Treasury Officer, Munger.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Sharma Mr. Dinu Kumar, Miss Ritika Rani Mrs. Kumari Neha Mr. Vijai Vimal For the Respondent/s :

Mr. Jitendra Kr. Roy No-1-SC13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-04-2018 Heard learned counsel for the petitioners and counsel appearing on behalf of the State.

The petitioners have approached this Court for a direction to the respondents to grant Matric Trained Scale from the date of appointment and senior scale after completion of 12 years of service.

Patna High Court CWJC No.7363 of 2018 (2) dt.20-04-2018 2/2 Learned counsel for the petitioners submits that the issue raised in the writ application is no more res integra, as this issue was decided by a Co-ordinate Bench of this Court in C.W.J.C. No. 6139 of 2007 and the order passed in C.W.J.C. No. 6139 of 2007 was approved by the Division Bench of this Court vide judgment dated 16.08.2017 passed in L.P.A. No. 756 of 2015. In view of the aforesaid, the writ application is disposed of with a direction to the District Education Officer (Establishment), Munger to take final decision on the claim of the petitioners for grant of Matric Trained Scale from the date of their initial appointment and the senior scale from the date they have completed 12 years of service in the light of the order passed in C.W.J.C. No.6139 of 2007 and L.P.A. No.

756 of 2015. The entire exercise in this regard must be completed by the District Education Officer (Establishment), Munger within a period of 60 days from the date of receipt/production of a copy of this order and the consequential benefits must be extended to the petitioners within a further period of 30 days from the date of such decision.