Lalbabu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17130 of 2024 ====================================================== Lalbabu Chaudhary Son of Prabhu Chaudhary Resident of Village and P.O.- Jalalpur, P.S.- Mushahari, District- Muzaffarpur, the retired Assistant Teacher, Upgraded Middle School, Sambha, Anchal- Muraul, 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 District Education Officer, Muzaffarpur, District- Muzaffarpur. 5.

The District Programme Officer (Establishment), Muzaffarpur, DistrictMuzaffarpur. 6.

The Drawing and Disbursing Officer- Cum- Headmaster, Nationalized Middle School, Muraul, Anchal- Muraul, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Respondent/s :

Mr.Standing Counsel (13) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and the State.

2. By filing this writ petition, petitioner seeks a direction to respondent no.4 and 5 to make fixation of his salary in the Senior Scale with effect from 20.5.2000 and other consequential benefits as also to pay the differences of salary pursuant to the office order contained in memo no. 2424 dated 27.5.2020 issued by respondent no.4 and 5, by which date of grant of senior scale of the petitioner was amended to 20.5.2020 which was earlier granted to the petitioner with effect from

Patna High Court CWJC No.17130 of 2024(2) dt.13-11-2024 2/2 1.10.2015 vide memo no. 1653 dated 11.4.2016.

3. Learned counsel for the petitioner submits that pursuant to memo dated 27.5.2020 (annexure P-1) issued by the District Programme Officer, Establishment, Muzaffarpur petitioner has not been paid consequential benefits of salary fixed in the senior scale with effect from 20.5.2000 as well as other consequential benefits.

4. In view of the nature of prayer made in the writ petition, let the petitioner file a detailed representation before respondent no.4 within a period of four weeks from today. If such application is filed, respondent no.4 shall examine the claim of the petitioner and pass a reasoned and speaking order in accordance with law after hearing the parties, preferably within a period of six weeks thereof.

5. Needless to state that the admitted amount, found to be payable to the petitioner, the same shall be paid to him within three months of the disposal of the application of the petitioner.

6. Writ petition stands disposed of with the aforesaid directions.

(Prabhat Kumar Singh, J) Shashi U