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Patna High CourtCWJC/15587/2024disposed

Dina Nath Jha v. The State Of Bihar,

2024-10-21Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15587 of 2024 ====================================================== 1.

Dina Nath Jha Son of Late Baleshwar Jha Resident of Village- Bhoj Pandaul, Police Station- Bisfi, District- Madhubani. 2.

Subodh Mishra Son of Late Prahlad Mishra Resident of Village- Bhoj Pandaul, Police Station- Bisfi, District- Madhubani. 3.

Sukdeoji Jha Son of Late Rama Nand Jha Resident of Village- Chauri, Police Station- Sakri, District- Madhubani.

4.

Ram Bihari Sharan Son of Late Ramfal Sharan Resident of Village- Koitola, Police Station and District- Madhubani.

5.

Kumari Ambika Wife of Late Madan Mohan Prasad Yadav Resident of Village- Sarabe, Police Station- Khajauli, District- Madhubani. 6.

Amar Kant Amar Son of Late Indra Kant Jha Resident of VillageDamodarpur, Police Station- Benipatti, District- Madhubani. 7.

Mod Narayan Thakur Son of Late Jagdish Thakur Resident of Village- Bhoj Pandaul, Police Station- Bisfi, District- Madhubani. 8.

Sanjeev Kumar Son of Late Madan Mohan Prasad Sarabe Resident of Village- Sarabe, Police Station- Khajauli, District- Madhubani. 9.

Sunil Kumar Singh Son of Late Hari Nandan Singh Resident of VillageHarpur Nand, Police Station- Nayagaon, District- Saran. ... ... 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 (Incharge Sanskrit), Department of Education, Government of Bihar, Patna.

5.

The District Education Officer, Madhubani.

6.

The District Programme Officer, Establishment, Madhubani. 7.

The Chairman, Bihar Sanskrit Shiksha Board, Patna. 8.

The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioners :

Mr. Hemant Kumar Jha, Advocate For the State :

Mr. Addl. Advocate General 13 For Respondent 7 & 8 :

Mr. S.S. Sundaram, Advocate Mr. Ankit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 21-10-2024

Patna High Court CWJC No.15587 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 Sanskrit Shiksha 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/6 series).

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

Patna High Court CWJC No.15587 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 after hearing the parties, preferably within a period of ten weeks thereafter, 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