Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16747 of 2023 ====================================================== 1.

Santosh Kumar Son of Sri Sahjanand Sharma resident of Village- Pali, P.O and P.S- Naubatpur, District-Patna.

2.

Dharmendra Kumar Son of Sri Arjun Singh, Resident of Village- Taret, P.O and P.S- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

1.

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

The Additional Secretary, Education Department, Government of Bihar, Patna 3.

The Director, Secondary Education, Bihar, Patna 4.

The Special Director (Secondary Education), Government of Bihar, Patna 5.

The District Education Officer, Patna 6.

The Chairman, Bihar Sanskrit Siksha Board, Patna 7.

The Secretary, Bihar Sanskrit Siksha Board, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioners :

Mr. Shree Kant Pandey, Advocate For the State :

Mr. S.D.Yadav, AAG-9 Mr. Braj Bhushan Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-12-2024 Heard learned counsels for the parties.

2. The present writ application has been filed for commanding the respondent-Authorities to pay the regular/revised pay scale according to the Vth and VIth Revised Pay Scale to the petitioners who are Assistant Teachers in Swami Basudewacharya Sanskrit High School, Taret Pali, Naubatpur, Patna.

3. At the outset, learned counsel appearing on behalf of the petitioners submits that case of the petitioners is squarely

Patna High Court CWJC No.16747 of 2023(2) dt.18-12-2024 2/3 covered by judgment of this Hon'ble Court dated 13.08.2019 passed in L.P.A. No. 43 of 2016.

4. Learned counsel appearing on behalf of the respondent-State is not in a position to dispute the assertions made on behalf of petitioners.

5. Having heard learned counsel for the parties and taking into consideration the submissions advanced on behalf of the petitioners that the case of the petitioners is squarely covered by the order of the Division Bench of this Hon'ble Court passed in passed in the L.P.A. No. 43 of 2016, dated 13.08.2019, the present writ application is disposed with liberty to the petitioners to file a fresh detailed representation, along with relevant documents, before the District Education Officer, Patna (Respondent No. 5) within a period of four weeks.

6. In the event the petitioners file their representation within the stipulated period, the District Education Officer, Patna (Respondent No. 5) shall dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, preferably within a period of three months from the date of filing of the representation.

7. Needless to state that if the claim of the petitioners is found admissible by the District Education Officer, Patna

Patna High Court CWJC No.16747 of 2023(2) dt.18-12-2024 3/3 (Respondent No. 5), the requisite amount shall be paid to the petitioners within a period of one month from the date of disposal of the representation.

(Prabhat Kumar Singh, J) shashank/- U