Krishna Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15779 of 2023 ====================================================== 1.
Krishna Kumar Jha Son of Sri Durga Nand Jha, resident of VillageRampatti, Ward No. 6, P.O- Via Singheshwar, Police Station- Singheshwar, District- Madhepura.
2.
Pawan Kumar Jha Son of Late Buddhi Nath Jha, resident of Village- Goari, P.O- Nanauty Ward No. Police Station- Basnahi, District- Saharsa. 3.
Shyamant Kumar Pathak Son of Late Uday Kant Pathak, resident of VillageLalganj Ward No. 13, P.O- Bara, Police Station- Bihra, District-Saharsa. ... ... Petitioner/s
Versus
1.
The State of Bihar Through Chief Secretary, Government of Bihar, Patna 2.
The Additional Secretary, Education Department, Government of Bihar, Patna 3.
The Special Director (Secondary Education), Government of Bihar, Patna 4.
The District Education Officer, Saharsa 5.
The District Programme Officer (Establishment), Saharsa 6.
The Chairman, Bihar Sanskrit Siksha Board, Patna 7.
The Secretary, Bihar Sanskrit Siksha Board, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioners :
Mr. Shree Kant Pandey, Adv.
Mr. Prabhakar Nath Rai, Adv.
Ms. Somya Roshan, Adv.
For the State :
Mr. Subhash Chandra Mishra ( SC-16 ) For the BSSB :
Mr. Satyam Shivam Sundaram, Adv.
Mr. Ankit, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-12-2024 Heard learned counsel for the petitioners, learned Standing Counsel - 16 and learned counsel for the respondent/ Bihar Sanskrit Shiksha Board.
2. This writ application has been filed for commanding the respondents to pay the regular/revised payscale according to Vth & VIth revised pay scale to the petitioners,
Patna High Court CWJC No.15779 of 2023(2) dt.17-12-2024 2/3 who are Assistant Teachers in Sanskrit Schools in the light of Resolution No. 970 dated 31.08.2013 instead of fixed pay-scale Rs. 11000/- (without the Revised Pay Scale) because they were appointed prior to 31.08.2013 and pay the salary same, as given to Madarsa and Sanskrit School Teachers by Government vide Memo No. 1133 dated 18.07.2023 issued under the signature of Joint Secretary, Education Department, Bihar on basis of Bihar Litigation Policy-2011 and order passed by Hon'ble Court in case reported in 2020 (4) PLJR 189 as petitioners are also similarly situated persons.
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. 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.
4. Learned counsel for the respondents does not dispute the contention made on behalf of the petitioners
5. In view of aforesaid facts and circumstances, this writ application is disposed of with direction to the petitioners to approach the respondents authorities ( respondent no.9) in the
Patna High Court CWJC No.15779 of 2023(2) dt.17-12-2024 3/3 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 U