Masih Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15513 of 2024 ====================================================== 1.

Masih Ahmad Son of Late Md. Yunus, Resident of Village - Jhumka, Police Station - Sikta, District - West Champaran.

2.

Md. Shaukat, Son of Abdullah, Resident of Village - Janaerwa, Police Station- Banjaria, District - West Champaran. 3.

Md. Hashim, Son of Late Misildar, Resident of Village - Parsa, Police Station- Purusottampur, District - West Champaran. 4.

Abdur Rahman, Son of Late Raisul Ajam, Resident of Village- Balirampur, Police Station - Purushottampur, District - West Champaran. 5.

Md. Hashim, Son of Md. Manshiha, Resident of Village- Bhabhta, Police Station Chanpatia, District - West Champaran. ... ... 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 Special Director, Secondary Education, Department of Education, Government of Bihar, Patna.

5.

The District Education Officer, West Champaran. 6.

The District Programme Officer, Establishment, West Champaran. 7.

The Chairman, Bihar State Madarsa Education Board, Patna. 8.

The Secretary, Bihar State Madarsa Education Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioners :

Mr. Hemant Kumar Jha, Advocate For the State :

Mr. Standing Counsel (24) Mr. Kumar Mangalam, AC to SC-24 For the Madarsa Board :

Mr. Shahzad Hassan Khan, Advocate Mr. Md. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 21-10-2024

Patna High Court CWJC No.15513 of 2024 dt.21-10-2024 2/3 Heard learned counsel for the petitioners, learned State counsel and learned counsel appearing on behalf of Respondent no. 7 & 8/ Bihar State Madarsa Education Board.

2. This writ application has been filed for commanding the respondents to make payment of arrears by way of differential amount of salary in the revised pay-scale under 5th, 6th and 7th Pay Revision in the same manner as allowed to the teaching and nonteaching staffs of the Government Schools together with Dearness Allowance admissible thereon as has been directed by the Division Bench of this Hon'ble Court in L.P.A. No. 43 of 2016 and analogous cases, vide order dated 13.08.2019.

3. Learned counsel for the petitioners submits that case of the petitioners is fully covered with the order/judgment of this Court dated 13.08.2019 passed in L.P.A. No. 43 of 2016 and other analogous cases (Annexure P/1). 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 (Annexure P/5 series).

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

Patna High Court CWJC No.15513 of 2024 dt.21-10-2024 3/3

5. In view of aforesaid facts and circumstances, this writ application is disposed of with direction to the petitioners to approach the respondents authorities 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) alongwith 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 petitioners as early as possible.

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

(Prabhat Kumar Singh, J) Anay AFR/NAFR NAFR CAV DATE N/A Uploading Date 26.10.2024 Transmission Date N/A