Pramod Kumar Arya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16925 of 2023 ====================================================== 1.

Pramod Kumar Arya Son of Late Ramdev Arya, resident of village - Kaparpura, P.O. - Chapra, P.S. Kanti, District- Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Dhebhan, Anchal - Kanti, District - Muzaffarpur.

2.

Nand Lal Manjhi, son of Srikant Manjhi, resident of village - Beldih, P.O. Araju, P.S. Jaridih, District - Bokaro (Jharkhand) presently working as Headmaster, Upgraded Middle School, Kathan, Anchal - Marwan, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Primary Education Education Department, Government of Bihar, Patna.

4.

The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 5.

The District Education Officer, Muzaffarpur, District - Muzaffarpur. 6.

The District Programme Officer (Establishment), Muzaffarpur, DistrictMuzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Singh, Advocate For the Respondent/s :

Mr. Subhash Chandra Mishra ( Sc 16 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-12-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. By filing the present writ application, the petitioners have prayed for issuance of a writ in nature of mandamus commanding and directing the respondent Authorities to consider the grievance of the petitioners and grant the Matric Trained Teachers Pay Scale to them with effect from

Patna High Court CWJC No.16925 of 2023(2) dt.18-12-2024 2/3 the date when petitioners had completed their training course i.e. on 31.07.2001 or after completion of three years from their respective dates of joining with all consequential benefits.

3. Learned counsel for the petitioners submits that the case of the petitioners is duly covered by the judgment passed by a Co-ordinate Bench of this Court in Abdus Samad v. The State of Bihar & Ors in CWJC No. 7322 of 2017 dated 11.04.2018.

4. Learned counsel further submits that the other cases of similarly situated teachers have been decided in terms of Abdus Samad case by this Court in CWJC No. 5092 of 2020.

5. Learned counsel for the State submits that in terms of Abdus Samad case, the petitioners may be directed to file a representation before the District Programme Officer, (Establishment), Muzaffarpur.

6. Having heard learned counsels for the parties and taking into consideration the submissions, the writ petition is disposed with liberty to the petitioners to approach the District Programme Officer (Establishment), Muzaffarpur (respondent no.6) by filing a representation within a period of four weeks from today, which shall be decided by respondent no. 6 within a period of three months from the date of receipt of the

Patna High Court CWJC No.16925 of 2023(2) dt.18-12-2024 3/3 representation.

7. If it is found that the case of petitioners is similar to the petitioners in Abdus Samad case, with whom these petitioners are seeking parity, then similar benefits shall be granted to the petitioners.

8. With the aforesaid observation and direction, the petition stands disposed of.

(Prabhat Kumar Singh, J) Navya/- U