Pawan Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1615 of 2024 ====================================================== 1.

Pawan Kumar Mishra Son of Dharam Narayan Mishra, Resident of VillageKanhauli, Police Station- Manigachhi, District- Darbhanga. 2.

Arun Kumar Singh, Son of Ram Swarup Singh, Resident of Village-Birpur, Police Station- Birpur, District- Supaul.

3.

Shankar Shah Son of Surya Narayan Shah, Resident of Village Mahendrapur, Police Station- Naya Gaon, District- Begusarai. 4.

Umesh Kumar Gupta, Son of Chunchun Gupta, Resident of Village- Birpur, Police Station- Birpur, District- Supaul.

5.

Kumar Manoj, Son of Munilal Bhagat, Resident of Village- Birpur, Police Station- Birpur, District- Supaul.

6.

Jai Shankar Prasad, Son of Sachchidanand Prasad, Resident of Village Birpur, Police Station- Birpur, District- Supaul. 7.

Chandeshwar Ram Son of Gunay Ram, Resident of VillageGovindpur,Police Station- Jadiya, District- Supaul. 8.

Narsingh Varman, Son of Satya Narayan Rajak, Resident of village Kunauli, Police Station- Kunauli, District- Supaul.

9.

Sunil Kumar, Son of Jagannath Singh, Resident of Village- Lalpur, Police Station- Chatapur, District- Supaul.

10.

Om Prakash Kumar, Son of Jagdish Prasad Yadav, Resident of VillageKatahara, Police Station- Chhatapur, District- Supaul. 11.

Kulanand Arya, Son of Sahdeo ram, Resident of Village- Basantpur, Police Station- Chhatapur, District- Supaul.

12.

Vijay Kumar Thakur, Son of Raghuvir Thakur, Resident of Village Banainia, Police Station- Kisanpur, District- Supaul.

13.

Rajesh Kumar, Son of Radheshyam Prasad, Resident of village- Basantpur, Police Station- Birpur, District- Supaul.

14.

Mithilesh Kumar Alok, Son of Krishna dev Mehta, Resident of Village Karjain, District- Supaul.

15.

Rajeev Nandan, Son of Gorakh Lal Vishwas, Resident of Village- Mora, Police Station- Nirmali, District- Supaul.

16.

Mahendra Prasad Mehta, Son of Kapildeo Mehta, Resident of VillageThumil, Police Station- Karjain Bazar, District-Supaul. 17.

Mukesh Kumar, Son of hari Mohan Prasad Verma, Resident of Village Sanhouli, Police Station-Khagaria, District- Khagaria. ... ... Petitioner/s

Versus

1.

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

The Additional Chief secretary-cum-The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Principal Secretary, Finance Department, Government of Bihar, Patna.

Patna High Court CWJC No.1615 of 2024(4) dt.12-02-2025 2/3 4.

The Director, Primary Education, Bihar, Patna. 5.

The Joint Secretary, Education Department, Bihar, Patna. 6.

The District Education Officer, Supaul.

7.

The District Programme Officer, (Establishment), Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Adv.

For the Respondent/s :

Mr. Dhurjati Kr. Prasad, GP14 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-02-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ petition has been filed seeking the following reliefs:

"i) For issuance of writ/writs in the nature of mandamus commanding and directing upon the Respondents District Education Officer, Supaul and District Programme Officer, Supaul to consider the claim of the petitioners for senior pay scale by way of extending the benefit of A.C.P. after completion of 12 Years from the date of appointment in view of judgment passed by this Hon'ble Court.

ii) For issuance of writ/writs in the nature of mandamus commanding the Respondents to immediately pay salary of senior scale to all the petitioners as they have completed more than 12 years of service.

iii) For commanding the Respondents that the order may kindly be passed to the concerned Respondents that they should not disturb the petitioners in discharging their duties.

iv) For further direction upon the Respondents concerned to pay the consequential to monetary benefit arising out of grant of claim of promotions. v) For any other writ/writ, order/orders, direction/directions as this Hon'ble Court may deem fit and proper as the facts and circumstances of this case."

Patna High Court CWJC No.1615 of 2024(4) dt.12-02-2025 3/3

3. At the very outset, learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the judgment passed in L.P.A. No.756 of 2015 arising out of C.W.J.C. No. 6139 of 2007 dated 16.08.2017.

4. Considering the above-stated facts, the petitioners are directed to file a detailed representation before the concerned Authority along with all supporting documents within a period of thirty days and the concerned Authority 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 one month thereafter.

5. With the aforesaid direction, the writ application stands disposed of.

(Anjani Kumar Sharan, J) anand/- U