Rizwan-Uz Zafar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22113 of 2019 ====================================================== 1.

Rizwan-uz Zafar S/o Jafar Alam Resident of Kanghaiya Tola, P.O.- Jhauganj, P.S.- Khajekalan, Patna City, District- Patna. Presently posted as Clerk Modern High School, Dariyapur, Patna.

2.

Gautam Kumar S/o Arvind Kumar Resident of Laxmipur, P.O.- Samyagarh, P.S.- Ghoswari, District- Patna. Presently posted as Clerk, Indra Prasad Singh Gaugasthali Balika Gyanpith, Makhdumpur, Digha, District- Patna. 3.

Manoj Kumar S/o Vijay Kumar Resident of Kadam Kuan, P.S.- Kadam Kuan, District- Patna, Presently posted as Clerk Navin Adarsh High School, Kankarbagh, Patna.

4.

Kamlesh Kumar S/o Late Bindeshwar Prasad Resident of Village- Tharthari, P.S.- Tharthari, District- Nalanda, Presently posted as Clerk J.D. Balika High School, Adalatganj, Patna.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Secondary Education Department, Govt. of Bihar, Patna. 4.

The Regional Deputy Director of Education, Patna, District- Patna. 5.

The District Education Officer, Patna, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate For the Respondent/s :

Mr. Madanjeet Kumar (GP 20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 22-01-2020 A supplementary affidavit has been filed during the course of argument.

Let it be taken on record.

The petitioners have approached this Court for a direction to the respondents for payment of current as well

Patna High Court CWJC No.22113 of 2019 dt.22-01-2020 2/3 as arrears of salary in revised scale of Rs. 4000-6000/- in place of pay scale of Rs. 3050-4500/- from the date of joining in view of the order passed by this Court in C.W.J.C. No. 3353 of 2018 and other cases as well as in L.P.A. No. 167 of 2016 and for a further direction to give all such consequential benefits to which the petitioners are entitled.

It has been submitted that the case of the petitioners is directly covered by the judgment of this Court in L.P.A. No. 167 of 2016 and subsequent decisions in C.W.J.C. No. 3353 of 2018; C.W.J.C. No. 8821 of 2018 and C.W.J.C. No. 17151 of 2018.

Learned counsel for the petitioners has submitted that in view of the aforesaid judgments, the grievances of the other similarly situated employees have been redressed but the case of the petitioners have been singled out. In view of the aforesaid submission, which has not been objected to by the counsel for the respondent State, this petition is allowed with a direction to the

Patna High Court CWJC No.22113 of 2019 dt.22-01-2020 3/3 respondents to grant similar benefit to the petitioners in the event of their case being covered by the aforesaid decisions. The exercise must be completed within a period of four months from today.

With the aforesaid direction/observation, the writ petition stands disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.01.2020 Transmission Date