Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14650 of 2023 ====================================================== 1.

Chandan Kumar Son of Late Viveka Nand Mishra, Resident of Village and P.O.- Madwa, Police Station - Bihpur, District - Bhagalpur. 2.

Praween Kumar, son of Late Jagdev Prasad Mandal, Resident of Village, P.O. and Police Station - Dholbajja, District - Bhagalpur. 3.

Ailij Devi, wife of Late Vidyakar Jha, Resident of Village and P.O. - Nagrah, Police Station - Navgachhia, District - Bhagalpur. 4.

Md. Nisharul Hak, Son of Late Tuntun Nadaf, Resident of Village - Narkatiya, P.O.- Gauripur, Police Station - Kharik, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

2.

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

3.

The Joint Secretary, Education Department, Government of Bihar, Patna. 4.

The District Magistrate, Bhagalpur -Cum-Chairman, The District Compassionate Committee, Bhagalpur.

5.

The District Education Officer, Bhagalpur.

6.

The District Programme Officer (Establishment) Bhagalpur. 7.

The Block Development Officer, Bihpur, District - Bhagalpur. 8.

The Block Development Officer, Navgachhia, District - Bhagalpur. 9.

The Block Development Officer, Kharik, District - Bhagalpur. 10.

The Block Education Officer, Bihpur, District - Bhagalpur. 11.

The Block Education Officer, Navgachhia, District - Bhagalpur. 12.

The Block Education Officer, Kharik, District - Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Kumar Jha, Adv.

For the Respondent/s :

Mr.Madanjeet Kumar, G.P.-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 26-06-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. By filing the present writ application, the petitioners

2/4 have prayed for the following reliefs:

I) To grant the similar reliefs of regular pay scales in regular post of Assistant Teacher along with all monetary benefits from the date of appointment to the petitioners as the similarly situated teachers have already been given by the respondents by way of the Departmental Memo No. 216 dated 24.02.2023 issued under the signature of the Joint Secretary, Education Department, Government of Bihar, Patna (respondent no.3) in pursuance of the reported Judgment dated 13.02.2020 of this Court in C.W.J.C.

No. 15626 of 2019.

II) To issue a direction to the respondent no.4 to look into the grievances of the petitioners, who have been appointed as teachers on fixed salary beyond the recommendations of the District Compassionate Committee, Bhagalpur in its meeting dated 13.12.2006.

III) To issue a direction to the respondent no.6 considering the grievance of the petitioners for grant of regular pay scale on regular post of Assistant Teacher in the light of decided and covered matter of C.W.J.C.

No. 15626 of 2019 for which the representations of the petitioners are pending since 09.09.2023.

IV) For any other relief/reliefs for which the petitioners are found entitled in the facts and circumstances of the case.

3. Learned counsel for the petitioners submits that the petitioners have filed several representations before the District Programme Officer (Establishment), Bhagalpur

3/4 (respondent no.6) to consider the claim of the petitioners and grant them similar reliefs as have already been granted to the petitioners of C.W.J.C. No. 15626 of 2019, but the representations dated 09.09.2023 are still pending before the respondent no.6.

4. After hearing learned counsel for the petitioners and also perusing the contents of the writ application, it appears that the petitioners have represented their matter by way of written representations before the respondent Authorities for redressal of their grievances, but till date, nothing was done nor any information in this regard has been given to them.

5. In such view of the matter, this writ application is disposed of with a direction to the petitioners to file a fresh and detailed representation before the District Programme Officer (Establishment), Bhagalpur (respondent no.6) along with the supporting documents within a period of two weeks from the date of receipt/production of this order. The respondent no.6 is well advised to dispose of the representation of the petitioners by a reasoned and speaking order within a period of ten weeks from the date of filing of such representation by the petitioners after affording opportunity of personal hearing or through their counsel.

4/4

6. It is made clear that the respondent no.6 shall be personally responsible for non-compliance of this order within the stipulated period.

7. With the aforesaid observation, this writ application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.06.2024 Transmission Date NA