Sanjiv Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17828 of 2023 ====================================================== 1.

Sanjiv Kumar Mishra Son of Ramsunder Mishra Resident of Near Hanuman Mandir, Chhagrahan, Post-Chhapra Bahas, District-East Champaran, Bihar845435. 2.

Umakant Singh Son of Rajendra Prasad Singh Resident of Kavaiya, PostKavaiya, Ghorasahan, District-East Champaran, Bihar-845303 3.

Asim Kumar Singh Son of Yamuna Singh Resident of near High School Chaita, Post-Chaita, District-East Champran, Bihar-845414. ... ... Petitioner/s

Versus

1.

The State of Bihar through, Principal Secretary Human Resources Development Department, Government of Bihar, Secretariat, Patna. 2.

The Director Primary Education, Government of Bihar, Patna. 3.

The regional Deputy Director Education, Tirhut Division, Muzaffarpur, Bihar.

4.

The District Education Superintendent, East Champaran at Motihari, Bihar, 5.

The Block Education Extension Officer, Ghorasahan Block, District-East Champaran, Bihar.

6.

The Block Education Extension Officer, Sugouli Block, District-East Champaran, Bihar.

7.

The Block Education Extension Officer,he Block Pakridayal Block, DistrictEast Champaran, Bihar. 8.

The Headmaster Middle School Sugaon, Block-Sugouli, District-East Champaran, Bihar.

9.

The Headmaster Middle Schooll Tonwa, Block-Ghorasahan, District-East Champaran, Bihar.

10.

The Headmaster Middle School Pakridayal, Block-Pakridayal, District-East Champaran, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Respondent/s :

Mr.Prabhakar Jha ( Gp 27 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ petition has been filed seeking the

Patna High Court CWJC No.17828 of 2023(2) dt.03-01-2025 2/3 following reliefs:

"For setting aside the resolution of Education department, Government of Bihar contained in letter No. 7/Be.-14/2007-12, Patna dated 05.01.2015 to the extent that the petitioners who were appointed as Assistant Teacher on 22.09.1997 having granted Matric trained Pay Scale with effect from 01.10.2003 because they were given matric trained teacher pay scale due to their higher qualification and who passed teacher training examination, 2004 in their first attempt was conducted as first time after their appointment for teacher training session 1999-2000."

3. Learned counsel for the petitioners submits that the petitioners' case is squarely covered by the order passed by a coordinate Bench of this Court in C.W.J.C. No. 7938 of 2020 dated 01.02.2021.

4. Considering the fact that petitioners' case is squarely covered by the order passed in C.W.J.C. No. 7938 of 2020, the petitioners are directed to file a detailed representation along with a copy of the order passed in C.W.J.C. No. 7938 of 2020 before the respondent no. 2 (the Director, Primary Education, Bihar, Patna) and the respondent no. 2 is well advised to consider the case of the petitioners after affording opportunity of personal hearing or through their counsel and pass a reasoned and speaking order in accordance with law within eight weeks after receiving such representation.

5. It is made clear that the respondent no. 2 shall be

Patna High Court CWJC No.17828 of 2023(2) dt.03-01-2025 3/3 personally responsible for non-compliance of this order within the stipulated period.

6. Accordingly, this writ petition stands disposed of. (Anjani Kumar Sharan, J) anand/- U