Sada Shiv Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17359 of 2022 ====================================================== Sada Shiv Jha Son of Late Baidhnath Jha, resident of Village - Baghwa, P.O. - Gopalpur, Via - Chapraon, Block and P.S. - Simri Bakhtiyarpur, District - Saharsa.

... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Regional Deputy Director of Education, Koshi Division, District - Saharsa.

4.

The District Education Officer, Saharsa.

5.

The District Programme Officer (Establishment), District - Saharsa. 6.

The Headmaster, Ram Padarath Ramayani Uchch Bidhyalay, Badhwa, Village- Baghwa, P.O. - Gopalpur, Via Chapraon, P.S. and Block - Simri Bakhtiyarpur, District - Saharsa.

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

For the Petitioner/s :

Mr. Pramod Mishra For the Respondent/s :

Mr. Prabhakar Jha ( Gp 27 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 21-12-2022

1. The petitioner has prayed for following reliefs:- "That the petitioner above-named seeks indulgence of this Hon'ble Court for issuance of appropriate order/orders, direction/directions, writ/writs, preferably in the nature Mandamus, commanding and directing the Respondent authority concerned to grant and pay revised pay in pay scale of Rs. PB-3+5400 w.e.f 01.01.2006 as well as the benefit of 3rd MACP in pay revision of Rs. Pb-3+6600/- w.e.f. 01.01.2009 to the petitioner for which the petitioner was/is legally entitled

Patna High Court CWJC No.17359 of 2022(2) dt.21-12-2022 2/2 and the same has been approved by the competent authority (i.e. the Respondent No. 3 & 6 vide Annexure-4 & 5 respectively) but the same could not be granted to the petitioner even after his superannuation from service on 31.07.2010 from the post of Headmaster, the reason best known to the Respondent authority concerned. And/or any other relief or reliefs for which the petitioner is found entitled to, in the facts and circumstances of this case."

2. Considering it that this matter is covered by the Judgment dated 23.02.2022, passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J. 381, 2022 (2) P.L.J.R. 80 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), this petition is disposed of with the above terms.

3. If an appeal is preferred before the District Appellate Authority/State Appellate Authority, the same shall be taken up at the earliest and preferably decided within a period of six months.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 13 U