Avinash Kumar Chaudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11232 of 2018 ====================================================== Avinash Kumar Chaudhary son of Late Madan Lal Chaudhary, resident of Village- Khajautia, P.O.+ P.S. Ghatho, District- Samastipur, At present Block Teacher, Upgraded Middle School, Jhaknna Kanyapurv Tol Block Sarairanjan, District Samastipur.

... ... Petitioner/s

Versus

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

2. The Director, Primary Education, Education Department, Government of Bihar, Patna.

3. The District Education Officer, Samastipur.

4. The District Programme Officer (Establishment), Samastipur.

5. The Block Education Officer, Sarairanjan District Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Jha For the Respondent/s :

Mr. Prabhakar Jha -GP27 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2018 Heard the parties.

In the present writ application, the following relief has been sought for on behalf of the petitioner :

(1) For issuance of direction to the respondents, especially, the respondent No.4, the District Programme Officer (Establishment), Samastipur, to consider the case of the petitioenr for continuance as a teacher on regular pay scale in terms of the judgment dt. 3.4.2017 in Civil Appeal No.4776-4777 of 2017 (Mukesh & others vs. The State of Bihar and ors) reported in 2017(5) SCC 383.

For issuance of direction to the

Patna High Court CWJC No.11232 of 2018(2) dt.03-08-2018 2/2 respondents to continue the petitioner as a teacher on regular pay scale along with all consequential benefits.

For issuance of direction to the respondents to pay the differences of salary from the date of joining of the petitioner.

On behalf of the petitioner, it has been submitted that the case of the petitioner is squarely covered by the order dated 11.05.2018 passed in C.W.J.C. No.8963 of 2018. The Respondent No.4 i.e. The District Programme Officer (Establishment), Samastipur, is directed to examine the case of the petitioner in the light of the case referred above and pass an appropriate order in accordance with law within a period of three months from the date of receipt/production of a copy of this order.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U