Raghbendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17475 of 2023 ====================================================== 1.
Raghbendra Kumar S/o Late Rajendra Mahto Resident of villageChhatwan, P.S- Kewati, Dist- Darbhanga, At Present Posted as Clerk in and Rajakiyakrit Ram Rikh Sundari Girls High School, Kewati Vanwari, 2.
Pankaj Kumar Son of Late Kedar Nath Pathak Resident of VillageMadhopatti (Raghauli P.S- Kamtaul, District- Darbhanga, At Present Posted as Clerk in and 2 M.A.R.M High School, Lalbagh, Darbhanga, 3.
Ghanshyam Jha Son of Late Indrakant Jha Resident of village- Kahua, P.SBiroul, Dist- Darbhanga, At present posted as Clerk in and 2 Govt. High School Pokharam, P.S- Biroul, District- Darbhanga. 4.
Mohammad Sabir Mansoor Son of Late Mansoor Alam Shams Resident of village- Dilawarpur, P.S- Baheri, District- Darbhanga. At present posted as Clerk in and 2 Project Girls High School Anandpur, P.S- Ashok Paper Mill, District- Darbhanga, 5.
Pooja Kumari Wife of Late Lalkrishna Mishra Resident of MohallaProfessor Colony, Digghi West, P.S- L.N.M.U, District- Darbhanga, At present posted as Clerk in and 2 Project Girls High School Darhar, P.SBahadurpur, District- Darbhanga, 6.
Arun Kumar Son of Late Bharat Sahu Resident of village- Madhopur (Banauli), P.S- Simari, District-Darbhanga, At Present Posted as Clerk in and 2 L.M High School Anandpur, P.S- Ashok Paper Mill, District- Darbhanga, 7.
Sanjay Kumar Kumar Son of Late Dayanand Kumar Resident of villageAbdullahpur Ward no. 4, P.S- Bahadurpur, District- Darbhanga, At present posted as Clerk in and 2 High School Kumar Ranjeet Jorja, P.S- Baheri, District- Darbhanga, 8.
Nand Kishore Roy Son of Late Laxmi Narayan Roy Resident of villageBanda, Ward no. 2, P.S- Hathori, District- Samastipur, At present Posed as Clerk in Govt. Shri Ramjee Priya and2 High School Jogiyara, P.S- Jale, District- Darbhanga, 9.
Md. Shamim Ahmad Son of Late Qamrul Hoda Resident of villageSarhwara, P.S- Kewati, District- Darbhanga, At present posted as Clerk in and 2 Govt. Mithila High School Asthua Darbhanga P.S- Singwara, DistrictDarbhanga. 10.
Md. Neyazuddin Son of Late Salahuddin Resident of village- Muria, Ward no. 7, P.S- Sadar, District- Darbhanga, At Present Posted as Clerk in and 2 Govt. High School Nehra, Darbhanga, P.S- Manigachhi, District11. Gavendra Kumar Singh Son of Late Visheshwar Prasad Singh Resident of Village- Kamalpur, P.S- Biroul, District- Darbhanga, At Present Posted as Clerk in and 2 Janta High School Shiv Nagar Ghat Darbhanga, P.SGhanshyampur, District- Darbhanga, 12.
Arun Kumar Son of Late Thaneshwar Singh Resident of village- Rajwara, P.S- Baheri, District- Darbhanga, At Present Posted as Clerk in and 2 Govt. Patel High School Narayanpur Darbhanga, Darbhanga, P.S- Sakatpur,
2/4 District-Darbhanga.
13.
Shambhu Sharan Chy @ Shambhu Sharan Chaudhari Son of Late Shyama Kumari Resident of Village- Kamtaul Ward no. 12, P.S- Kamtaul, DistrictDarbhanga, At Present Posted as Clerk in and 2 High School Mahinam Pohaddi Darbhanga, P.S- Benipur, District- Darbhanga, 14.
Ritu Raj Prabhakar @ Rituraj Prabhakar Son of Late Kamani Kumari Resident of Mohalla- Bela Sundarpur H.No- 39 near Jalan College, P.SL.N.M.U Campus, District- Darbhanga, At Present Posted as Clerk in and 2 J.M High School Kamtaul, P.S- Kamtaul, District- Darbhanga, 15.
Vishwajeet Choudhary Son of Late Shrawan Kumar Choudhary Resident of Village- Pindaruch, Ward no. 7, P.S- Kamtaul, District- Darbhanga, At present posted as Clerk in and 2 Ram Julum High School Kewati Banwari Darbhanga P.S- Kewati, Dist-Darbhanga, 16.
Quaseem Ahmad Son of Late Nasmim Ahmad Resident of villageChhatwan, P.S- Kewati, District- Darbhanga, At present posted as Clerk in and 2 Sundarpur High School Bela, Darbhanga, P.S- L.N.M.U. District17. Murari Kumar Son of Late Shiv Shankar Mishra Resident of VillageMishrauli, P.S- Simari, District- Darbhanga, At present posted as Clerk in and 2 Deo Narayan High School Panchobh Darbhanga, 18.
Anil Kumar Singh Son of Late Upendra Narayan Singh Resident of villageBangrahatta, P.S- Singhiya, District- Samastipur, At Present Posted as Clerk in and 2 Kusheshwar High School Kusheshwarasthan Darbhanga, P.SKusheshwar Asthan, District-Darbhanga, 19.
Pradeep Paswan Son of Late Dhaniklal Paswan Resident of villageChanmana, P.S- Baheri, District- Darbhanga, At present posted as Clerk in and 2 High School Bhachhi Ujjaina Darbhanga, P.S- Baheri, District20. Ravi Bhoosan Thakur Son of Late Madankant Thakur Resident of VillageMohammadpur Sonki P.S- Sadar (Sonki O.P), District- Darbhanga, At Present Posted as Clerk in and 2 High School Laxmipur Darbhanga, P.SJamalpur, District- Darbhanga, 21.
Gulam Rasool Son of Late Abdul Haqueem Resident of village- Mirzapur (Dhamsayn) P.S- Ali Nagar, District- Darbhanga, At present posted as Clerk in and 2 High School Maubchat Darbhanga, P.S- Manigachhi, District22. Navin Kumar Verma Son of Late Ranjit Narayan Sinha Resident of villageHiropatti, P.S- Bisfi, District- Madhubani, At present posted as Clerk in and 2 Jayanand High School Bahera Darhanga, P.S- Baheri, District- Darbhanga, 23.
Aman Kumar Ravi Son of Late Nagendra Lal Resident of VillageKumarpatti, P.S- Simri, District- Darbhanga, At present posted as Clerk in and 2 Sarvodaya High School Gangasagar, Darbhanga, 24.
Manauwar Hussain Son of Late Kasim Khan Resident of mohalla- Mufti Dil Nawaz Manzil, P.O. Lalgab, P.S-Town, District- Darbhanga, At Present Posted as Clerk in and 2 T.B.S High School Brahampur Darbhanga, 25.
Shovit Lal Yadav Son of Uttim Lal Yadav Resident of Village- Baika
3/4 Kokraha, P.S District- Darbhanga, At present posted as Clerk in and 2 M.L. Academy Laheriasarai Darbhanga.
... ... Petitioner/s
Versus
1.
The State of Bihar through its Additional Chief Secretary Education Departement, Govt. of Bihar, Patna 2.
The Director Secondary Education Department, Govt. of Bihar, Patna, 3.
The Regional Deputy Director of Education Department of Darbhanga range 4.
The District Magistrate, Darbhanga, 5.
The District Education Officer of Darbhanga 6.
The District Programme Officer (Est.) Education Department of Darbhanga. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Jha, Advocate For the Respondent/s :
Mrs. Binita Singh (SC-28) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-11-2024 Heard learned counsel for the parties.
2. This writ application has been filed for the following reliefs:- (i). For issuance of direction to the authority concern to immediately provide the pay in the scale of 4000-6000 to the petitioners in place of pay in the scale of 3050 to 4590 after considering the facts that the similar situated employees of some other districts has been granted such benefits in view of the order dated 19.9.2018 passed by the Hon'ble High Court, Patna in CWJC No. 17021/2018.
(ii). For issuance of direction to the concern respondents to maintain the parity with regard to grants of benefits of pay in the scale of the petitioners as given to the other employees of similar cadre of the other districts in Bihar. (iii) For issuance of direction to the respondents authorities to grant such other benefits for which petitioners are entitlement in accordance with law.
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3. Learned counsel for the petitioners submits that in this regard, petitioners have already filed representation before the District Education Officer, Darbhanga (respondent no. 5) on 21.08.2023 and 22.08.2023 (Annexure - P/4 series), but till date, no order has been passed on said representation and as such, he requests for disposal of the writ petition with direction to concerned respondent to pass order on the representation filed by the petitioners.
4. In view of limited prayer made on behalf of petitioners, the writ petition stands disposed of with direction to respondent no. 5 (the District Education Officer, Darbhanga) to dispose of the representation of the petitioners (Annexure - P/4 series) in accordance with law by a reasoned and speaking order.
5. Writ petition stands disposed of in aforesaid terms. (Prabhat Kumar Singh, J) utkarsh/- U