Rohit Yadav Raman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16451 of 2024 ====================================================== 1.
Rohit Yadav Raman Son of Late Ram Avatar Yadav, Resident of villageRaghopur Balat, Police Station - Rajnagar, District- Madhubani. 2.
Suresh Jha, Son of Late Veda Nand Jha, Resident of village - Simri Nautol, Police Station - Rajnagar, District- Madhubani. 3.
Ram Kumar Singh, Son of Late Rajendra Prasad Singh, Resident of villageRaghopur Balat, Police Station - Rajnagar, District- Madhubani. 4.
Laddu Devi, Wife of Late Ram Bhushan Mishra, Resident of VillageSagarpur, Police Station - Pandaul, 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. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar Jha, Advocate For the Respondent/s :
Mr. Standing Counsel-21 For the Board :
Mr. S.S.Sundaram, Advocate Mr. Chandra Shekhar Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-11-2024
1. Heard learned counsel for the petitioners, learned AC to SC-21 and learned counsel appearing on behalf of the Bihar Sanskrit Shiksha Board.
2. Learned counsel for the petitioners submits that the instant writ application has been filed seeking a direction upon
2/4 the respondent authorities to make payment of arrear by way of differential amount of salary in the revised pay-scale under 5th, 6th and 7th Pay Revision in the same manner as has been allowed to the teaching and non-teaching staff 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 petitioners have represented before the respondent authorities seeking redressal of their grievances as raised in the instant writ application but then the same is not being acted upon. It is further submitted that petitioners also represented before the Additional Chief Secretary, Department of Education, Government of Bihar, Patna vide representation dated 24.01.2024 but the same till date has not been acted upon. It is next submitted that petitioners had also represented before the District Programme Officer, Establishment, Madhubani and the District Education Officer, Madhubani.
4. Learned counsel appearing on behalf of the State submits that from perusal of the representations annexed as Annexure-5 series to the writ application, it would manifest that
3/4 there is no receiving on the representation of the concerned authorities or the department on which learned counsel appearing on behalf of the petitioners submits that neither the authorities nor the department of Education gives any receiving on the representation.
5. In view of the submissions made by the learned counsel for the parties, the petitioners are directed to file a fresh representation before the Additional Chief Secretary, Department of Education, Government of Bihar, Patna raising the grievance as raised in the instant writ application on or before 16.12.2024.
6. In the event, if any representation is filed by the petitioners seeking redressal of their grievance as raised in the instant writ application, the Additional Chief Secretary, Department of Education, Government of Bihar, Patna shall either dispose of the representation by himself or by directing the authority concerned to take appropriate decision in accordance with law within a period of three months from the date of representation.
7. It goes without saying that if the claim of the petitioners is found to be in accordance with law and sustainable then the admitted dues shall be paid within a further period of
4/4 three months from the date on which the decision is taken.
8. Accordingly, the writ petition is disposed of. (Satyavrat Verma, J) Kundan/- U