Niranjan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16712 of 2023 ====================================================== Niranjan Jha Son of Late Chhote Lal Jha, Resident of Villlage- Dharmgatpur Gangati, P.S.- Sakra, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, HRD Department, Govt. of Bihar, Patna.

2.

The Bihar Sanskrit Education Board, through its Secretary having office at Patna.

3.

The District Education Officer, Muzaffarpur.

4.

The Sanatan Brahmacharya Sanskrit High School, Ganghati Muzaffarpur through its Principal.

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

For the Petitioner :

Mr. Sri Niwas Jha, Advocate For the State :

Mr. Subhash Chandra Mishra, SC-16 For the Board :

Mr. Satyam Shivam Sundaram, Advocate Mr. Ankit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-12-2024 Heard learned counsels for the parties.

2. The present writ application has been filed for commanding the respondent-Authorities to fix and pay the salary of the petitioner in the revised scale in terms of Fifth Pay Revision and Sixth Pay Revision w.e.f. 01.01.1996 and 01.01.2006 along with retiral/admissible allowances and also to fix other dues w.e.f. 01.08.2010 in proportion to the aforesaid revised salary and to pay all admissible allowances with interest at the rate of 18 per cent per annum along with cost of this proceeding.

Patna High Court CWJC No.16712 of 2023(2) dt.18-12-2024 2/3

3. At the outset, learned counsel appearing on behalf of the petitioner submits that case of the petitioner is squarely covered by judgment of this Hon'ble Court dated 13.08.2019 passed in L.P.A. No. 43 of 2016.

4. Learned counsels appearing on behalf of the respondent-Bihar Sanskrit Shiksha Board and respondent-State are not in a position to dispute the assertions made on behalf of petitioner.

5. Having heard learned counsel for the parties and taking into consideration the submissions advanced on behalf of the petitioner that the case of the petitioner is squarely covered by the order of the Division Bench of this Hon'ble Court passed in passed in the L.P.A. No. 43 of 2016, dated 13.08.2019, the present writ application is disposed with liberty to the petitioner to file a fresh detailed representation, along with relevant documents, before the District Education Officer, Muzaffarpur (Respondent No. 3) within a period of four weeks.

6. In the event the petitioner files his representation within the stipulated period, the District Education Officer, Muzaffarpur (Respondent No. 3) shall dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, preferably within a period of three months from

Patna High Court CWJC No.16712 of 2023(2) dt.18-12-2024 3/3 the date of filing of the representation.

7. Needless to state that if the claim of the petitioner is found admissible by the District Education Officer, Muzaffarpur (Respondent No. 3), the requisite amount shall be paid to the petitioner within a period of one month from the date of disposal of the representation.

(Prabhat Kumar Singh, J) shashank/- U