Harish Chandra Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17576 of 2024 ====================================================== 1.
Harish Chandra Prasad Singh son of Dineshwar Prasad Singh resident of Ward No.13, Village-Chhatauni, P.S.- Basopatti, District- Madhubani. 2.
Shambhu Nath Pratihast son of Late Sarb Narayan Pratihas resident of Village- Chhatauni, P.S.-Basopatti, District- Madhubani. 3.
Nawal Kishore Singh son of Yogendra Prasad Singh resident of Ward no.13, Pachhwari Tola near School Chhatauni, P.S.-Basopatti, District- Madhubani. 4.
Maha Lakshmi Devi wife of Late Ram Chandra Mishra resident of VillageWard no.12 near N.H.104, Purwari Tola Chhatauni, P.S.- Basopatti, DistrictMadhubani. 5.
Kumari Meera wife of Late Upendra Narain Singh resident of Village- Ward no.11 near Durga Mandir Chhatauni, P.S.-Basopatti, District- Madhubani. 6.
Saroja Nand Jha son of Late Chandra Shekhar Jha At present resident of Mohalla S.65. S.Block Gali no.8 Near Vikash Velly Schook Vikash Nagar, Uttam Nagar West Delhi-110059.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Human Resources Development Department Government of Bihar, Vikash Bhawan, Patna. 2.
The Special Director, Secondary Education, Incharge Sanskrit, Education Department, Government of Bihar, Vikash Bhawan, Patna. 3.
The Bihar Sanskrit Shiksha Board, Bihar, Patna through its Secretary. 4.
The Chairman, Bihar Sanskrit Shiksha Board, Bihar, Patna. 5.
The Secretary, the Bihar Sanskrit Shiksha Board, Bihar, Patna. 6.
The District Education Officer, Madhu-bani, District- Madhubani. 7.
The District Programme Officer, Establi-shment, Madhubani DistrictMadhubani. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suresh Kumar Ishwar, Advocate For the Respondent/s :
Mr.Yogendra Pd.Sinha, Addl. Advocate General 07 For the Board Mr. SS Sundaram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-11-2024 Heard learned counsel for the petitioners and the respondents.
2. This writ application has been filed for following
2/4 reliefs:- (i) For issuance of an appropriate writ, order, direction in the nature of Mandamus for commanding and directing the respondents to make necessary correction/modification for the implementation of 6th pay scale to the petitioners with effect from 1.04.2006 and monetary benefit with all benefits from 01.04.2007 as like Government High School and Government Minority High Schools in place of 01.04.2013 for which the petitioners are entitled under the law.
(ii) For issuance of an appropriate writ, order, direction in the nature of Mandamus for commanding and directing the respondents to make necessary correction/modification for the implementation of V ^ (dh) pay scale to the petitioners with effect from 1.01.1986 and all monetary benefits from 01.03.1989 as like the Government High Schools or Minority Government High Schools in place of 01.04.1998. (iii) For issuance of an appropriate writ, order, direction in the nature of Mandamus for commanding and directing the respondents to make payment of 5th pay scale with all benefits, service allowance and other service benefits from 01.03.1989 to date of retirement of petitioners of the aforesaid school as like the government High School. And minority Madarsa High School in the State of Bihar. And further respondents be directed to give payment of 6 ^ (th) pay scales with all benefits to the petitioners from 01.04.2007 to the date of his retirement as like Government High School. And minority Madarsa High Schools.
(iv) For issuance of an appropriate writ order, direction in the nature of mandamus for commanding directing the respondents to give priority in payment of salary i.e. salary allowance and other service benefits to the petitioners in the aforesaid school as like the Government High School and Minority Madarsa School in the State of Bihar.
(v) For issuance of an appropriate writ, order,
3/4 direction in the nature of Mandamus for commanding and directing the respondents to give the benefits of the respondents State Government decision memo no. 237 dated 20.02.1990 to the petitioners as like the Government School. And minority Madarsa High School for which the petitioner is fully entitled under the law. (vi) For issuance of any other reliefs for which petitioners may be found in the eyes of law.
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.7) 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
4/4 order. If such representation is filed, respondent no. 7 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 respondent no.7, 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) shashi/- U