← Library
Patna High CourtCWJC/15579/2024disposed

Vikash Chandra Thakur v. The State Of Bihar

2024-10-22Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15579 of 2024 ====================================================== 1.

Vikash Chandra Thakur son of Late Surya Nand Thakur Resident of Village - Aahpur, Police Station - Benipatti, District - Madhubani 2.

Shobha Kumari Wife of Shri Anand Chandra Jha Resident of VillageDamodarpur, Police Station- Benipatti, District Madhubani. 3.

Dev Kala Devi Wife of Late Shambhu Nath Jha Resident of Village- Aahpur, Police Station - Benipatti, District - Madhubani. 4.

Viveka Nand Thakur Son of Shri Satyadev Thakur Resident of Village - Baghnocha, Police Station - Mahnar, District - Vaishali. 5.

Munni Devi Wife of Late Radha Nandan Jha Resident of Village Aahpur, Police Station - Benipatti, District - Madhubani. 6.

Dharmshila Devi Wife of Late Shubhanker Mishra Resident of VillageDamodarpur, Police Station- Benipatti, District- Madhubani. 7.

Radha Devi Wife of Late Naresh Jha Resident of Village- Damodarpur, Police Station - Benipatti, District - Madhubani. 8.

Alok Kumar Jha Son of Late Suman Kumar Jha Resident of VillageAahpur, Police Station - Benipatti, District - Madhubani. ... ... 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. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar Jha, Advocate For the Respondent/s :

Mr.Standing Counsel 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-10-2024 Heard learned counsel for the parties.

2. Learned counsel for the petitioners submits that the

Patna High Court CWJC No.15579 of 2024(2) dt.22-10-2024 2/3 petitioners are claiming the difference of salary pursuant to the revision of pay scale as per 5th and 6th Pay Revision and also for grant of benefit of 7th Pay Revision. It is further submitted that in the similar matter, with regard to the payment of difference of salary under 5th and 6th Pay Revision, the Division Bench of this Court by order, dated 13.08.2019, passed in LPA No. 43 of 2016, has directed for payment of difference of salary under 5th and 6 th Pay Revision to the teaching and non-teaching staff of the Government schools together with Dearness Allowance admissible thereon. Case of these petitioners is fully covered by the aforesaid order, dated 13.08.2019.

3. Learned counsel for the Bihar Sanskrit Shiksha Board as well as the State submits that in so far as 7th Pay Revision is concerned, the same has not been implemented and in future, if it is implemented, the same would be granted to the petitioners as per the law.

4. Having heard learned counsel for the parties and taking into consideration the submissions of the petitioners that the case of the petitioners is squarely covered by the order, of the Division Bench of this Court passed in passed in the LPA No. 43 of 2016, dated 13.08.2019, the present writ application is disposed with liberty to the petitioners to file a representation, along with relevant documents, before the District Education Officer, Madhubani ( respondent no.5) within a period of four weeks.

5. If such a representation is filed, the District Education Officer, Madhubani, shall dispose the same in accordance with law and by a reasoned order within a period of three months from the date of receipt of the representation and

Patna High Court CWJC No.15579 of 2024(2) dt.22-10-2024 3/3 the petitioners shall be granted personal hearing in the matter.

6. Needless to state that if the claim of the petitioners is found admissible by the District Education Officer, Madhubani, the requisite amount shall be paid to them within a period of one month from the date of disposal of the representation.

7. With the aforesaid observations and directions, this writ application is disposed.

(Prabhat Kumar Singh, J) Shashi U