Sikandar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18563 of 2024 ====================================================== 1.

Sikandar Choudhary S/o Late Bundel Choudhary, Resident of VillageSamachak, P.O. and P.S.- Barbigha, District- Sheikhpura. Presently posted as Headmaster in Middle School Malawan, Village and P.O.- Badi Malawan, P.S. and Block- Sarmera, District- Nalanda, Pin Code- 811101. 2.

Yogendra Kumar S/o Late Chotan Prasad, Resident of Village- Kabirchak, P.O.- Mirnagar, P.S.- Sarmera, District- Nalanda. Presently working as Graduate Science Teacher in Upgraded Middle School, Jana, P.S.- Sare, Block- Asthawan, District- Nalanda. Pin Code-803107. 3.

Anil Rajak S/o- Late Badri Rajak, Resident of Village and P.O.- Sarmera, P.S.- Sarmera, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Alinagar, P.O.- Barbigha, P.S.- Sare, Block Asthawan, District- Nalanda. Pin Code- 803107. 4.

Sanjay Kumar S/o- Nawal Kishore Prasad, Resident of Village and P.O.- Gilani, P.S.- Sare, District- Nalanda. Presently working as Graduate Teacher in Upgraded Middle School, Gilani, P.S.- Sare, Block- Asthawan, DistrictNalanda. Pin Code-803107. 5.

Md. Jamil Ansari S/o Late Sagir Ansari, Resident of Mohalla- Faizabad, P.O. and P.S.- Barbigha, District- Sheikhpura. Presently working as Matric Trained Teacher in Middle School, Khetalpura, Block- Asthawan, DistrictNalanda. Pin Code-803107. 6.

Md. Ali Tanweer Zafar S/o- Md. Ali Manzer Hasan, Resident of MohallaYehyapur, Ward No. 8, P.O., P.S. and District- Sheikhpura. Presently working as Headmaster in Upgraded Middle School, Dhanuki, BlockSarmera, District Nalanda. Pin Code- 811103. 7.

Jowala Prasad Jyoti S/o- Late Muneshwar Das, Resident of Village and P.O.- Jana, P.S.- Sare, District- Nalanda. Presently working as Assistant Teacher in Upgraded Middle School, Bahadibigha, Block- Asthawan, District- Nalanda. 8.

Md. Tanvir Ahmad S/o- Md. Sagir Ahmad, Resident of Mohalla- Purani Shahar, P.O. and P.S.- Barbigha, District- Sheikhpura. Presently working as Assistant Teacher in Middle School, Sare, Block- Asthawan, DistrictNalanda. Pin Code-803107. 9.

Md. Shahid Parwez S/o- Md. Islam Hasmi, Resident of Mohalla- Faizabad, Headmaster in Upgraded Middle School, Sasaur, Block- Sarmera, DistrictNalanda. Pin Code-811102. 10.

Navjyot Shambhu Das S/o- Ragho Das, Resident of At- Mubarakchak, P.O.- Bank, P.S.- Mufasil, District Munger. Presently working as Headmaster in Upgraded Middle School, Dharampur, Block- Sarmera, District- Nalanda. Pin Code-811104.

11.

Md. Nemat Ullah S/o- Hasibur Rahman, Resident of Village and P.O.- Chakdin, P.S.- Asthawan, District- Nalanda. Presently working as Headmaster in Urdu Upgraded Middle School, Desna, Block- Asthawan, District- Nalanda. Pin Code- 803107.

12.

Tarique Reyaz Nazi S/o- Md. Moghis Ahmad, Resident of Village and P.O.- Chakdin, P.S.- Asthawan, District- Nalanda. Presently working as Assistant Teacher in Middle School, Chakdin, Block- Asthawan, District- Nalanda.

2/6 13.

Rajesh Kumar S/o- Late Shyam Sunder Prasad, Resident of VillageGaushnagar, P.O.- Kenarkala, P.S.- Sarmear, District- Nalanda. Presently working as Headmaster in Middle School, Sadarpur, Block- Asthawan, District- Nalanda. Pin Code- 803107.

14.

Ranjit Kumar S/o- Late Vishwanath Prasad Verma, Resident of VillagePaithna, P.O.- Bhaganbigha, P.S.- Vena, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Sadikpur Mubarakpur, BlockHarnaut, District- Nalanda. Pin Code-803110. 15.

Sanjay Kumar Sinha S/o- Late Kesho Prasad, Resident of VillageLaxmanpur, P.O.- Chanda, P.S.- Bakhtiyarpur, District- Patna. Presently working as Headmaster in Middle School, Noawan, Block- Asthawan, District- Nalanda. Pin Code-803107.

16.

Santosh Kumar S/o- Late Puna Mahto, Resident of Village- Dashrathpur, P.O.- Pawapuri, P.S.- Giriyak, District- Nalanda. Presently working as Headmaster in Upgraded Harijan Middle School, Desna, Block- Asthawan, District- Nalanda. Pin Code- 803107.

17.

Hira Chaudhary S/o- Late Neman Chaudhary, Resident of Village- Faizabad, Headmaster in Upgraded Middle School, Pratappur, Block- Thathari, District- Nalanda. Pin Code-811101.

18.

Indrajeet Paswan S/o- Late Banaras Paswan, Resident of Village- Rajopur, P.O.- Darbeshpura, P.S.- Bind, District- Nalanda. Presently working as Headmaster in Middle School, Mirnagar, Block- Sarmera, District- Nalanda. Pin Code-811104.

19.

Shankar Prasad S/o- Late Kishun Prasad, Resident of Mohalla- Dowarika Nagar, Khandak Par, P.O. and P.S.- Biharsharif, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Malawan, BlockAsthawan, District- Nalanda. Pin Code-803107. 20.

Arun Kumar S/o- Dinesh Prasad, Resident of Village and P.O.- Baurisarai, P.S.- Khodaganj, District- Nalanda. Presently working as Assistant Teacher in Middle School, Khodaganj, Block- Islampur, District- Nalanda. Pin Code801303. 21.

Md. Ishrat Ali S/o- Md. Ashik, Resident of Village- Azochak, P.O.- Mahmooda, P.S.- Khodaganj, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Katwa Rasalpur, Block- Islampur, District- Nalanda. Pin Code- 801303.

22.

Uchit Paswan S/o- Late Bishu Paswan, Resident of Village and P.O.- Asthana, P.S.- Shekhopur Sarai, District- Sheikhpura. Presently working as Assistant Teacher in Primary School, Mustafapur, Block- Asthawan, District- Nalanda. Pin Code-803107.

23.

Arun Kumar Chaudhary S/o- Late Neeroo Chaudhary, Resident of MohallaKatra Nadi Par, P.O. and P.S.- Biharsharif, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Narayanpur, BlockTharthari, District- Nalanda. Pin Code-803101. 24.

Ranjit Kumar S/o- Mathura Prasad Singh, Resident of Village- Sugiya, P.O.- Charuyawan, P.S.- Sheikhopur Sarai, District- Sheikhpura. Presently

3/6 working as Graduate Teacher in Middle School, Khetalpura, BlockAsthawan, District- Nalanda. Pin Code- 803107. 25.

Ajit Kumar S/o- Ram Nandan Paswan, Resident of Village and P.O.- Ramzanpur, P.S.- Barbigha, District- Sheikhpura. Presently working as Assistant Teacher in Middle School, Gorbigha, Block- Asthawan, DistrictNalanda. Pin Code- 803107. 26.

Ashok Paswan S/o- Biraju Paswan, Resident of Village and P.O.- Asthana, District- Sheikhpura. Presently working as Assistant Teacher in Upgraded Middle School, Maksudpur, Block- Asthawan, District- Nalanda. Pin Code803107. 27.

Uday Shankar Prasad S/o- Kailash Prasad, Resident of Village- Nepura, P.O.- Asthawan, District- Nalanda. Presently working Headmaster in Upgraded Middle School, Lakhnubigha, Block- Asthawan, DistrictNalanda. Pin Code-803103. 28.

Rashmi Ranjan Kumar S/o- Binay Kumar Resident of Village- Manpur, P.O.- Amawan, P.S.- Sare, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Badepur, Block- Asthawan, District- Nalanda. Pin Code-803107.

29.

Pinnu Kumar S/o- Late Bundi Mahto, Resident of Village and P.O.- Chero, P.S.- Sarmera, District- Nalanda. Presently working as Assistant Teacher in Middle School, Dhobibigha, Block- Asthawan, District- Nalanda. Pin Code803107. 30.

Jugesh Kumar S/o- Late Rabindra Kumar, Resident of Mohalla- Faizabad, Headmaster in Upgraded Middle School, Bahadurpur, Block- Asthawan, District- Nalanda. Pin Code-803107.

31.

Alok Kumar S/o- Jagdish Prasad, Resident of At- Dumari, P.O.- Bhui, P.S.- Silao, District- Nalanda. Presently working as Graduate Arts Teacher in Middle School, Ratanpura, Block- Noorsarai, District- Nalanda. Pin Code803216. 32.

Ranjeet Kumar S/o- Shiv Prasad, Resident of Mohalla- Mogal Kuan (Bauli Par), P.O.- Sohsarai, District- Nalanda. Presently working as Headmaster in Middle School, Amba, Block- Rahui, District- Nalanda. Pin Code-803118. 33.

Mosharraf Jamal S/o- Quamaruddin, Resident of Village and P.O.- Chakdin, P.S.- Asthawan, District- Nalanda. Presently working as Graduate Arts Teacher in Upgraded Middle School, Oiyan, Block- Asthawan, DistrictNalanda. Pin Code-803107. 34.

Vijay Kumar S/o- Kameshwar Singh, Resident of Village and P.O.- Aungari, P.S.- Ekangarsarai, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Gwal Bigha, Block- Karaipersurai, DistrictNalanda. Pin Code-801304. 35.

Ramesh Chandra S/o- Baleshwar Prasad, Resident of Village and P.O.- Makrauta, P.S.- Chiksaura, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Ishapur, Block- Noorsarai, District- Nalanda. Pin Code-803113.

36.

Md. Firoz Ahmad S/o- Naimuddin, Resident of Mohalla- Mahua Tola, P.O. and P.S.. Sohsarai, District- Nalanda. Presently working as Assistant Teacher

4/6 in Upgraded Middle School, Pawapatti, Block- Noorsarai, District- Nalanda. Pin Code-803118.

37.

Mahesh Kumar S/o- not known Resident of Village- Janaro, P.O.- Karjara, P.S.- Ben, District- Nalanda. Presently working as Assistant Teacher in Upgraded Middle School, Gareriya Bigha, Block- Ben, District- Nalanda. Pin Code-803117.

38.

Shambhu Ravidas S/o- Ramjatan Ravidas, Resident of Village and P.O.- Suhawanpur (Surhi), P.S.- Islampur, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Dharhara, Block- Ben, DistrictNalanda. Pin Code-803116. 39.

Ranjit Kumar Sinha S/o- Umashankar Singh, Resident of Village and P.O.- Soradih, P.S.- Harnaut, District- Nalanda. Presently working as Headmaster in Urdu Upgraded Middle School, Andhana, Block- Noorsarai, DistrictNalanda. Pin Code-803118. 40.

Abu Shahma S/o- Mokhtar Ahmad, Resident of Village- Khaira Chaman, P.O.- Goraur, P.S.- Chhabilapur, District- Nalanda. Presently working as Assistant Teacher in Middle School, Andvas, Block- Rajgir, DistrictNalanda. Pin Code-803116. 41.

Sumant Kumar Chauhan S/o- Sri Ramnandan, Resident of VillageChhatarpur, P.O.- Malawan, P.S. Bind, District Nalanda. Presently working as Headmaster in Middle School, Kewai, Block- Nagarnausa, DistrictNalanda. Pin Code-801305. 42.

Santosh Ravidas S/o- Nandu Ravidas, Resident of Village,P.O. and P.S.- Bind, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Kushhar, Block Bind, District- Nalanda. Pin Code- 803107. 43.

Nageshwar Chaudhary S/o- Pyarey Chaudhary, Resident of MohallaKhandak Par, P.O. and P.S.- Biharsharif, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Bakra, Block- Bind, District- Nalanda. Pin Code-811101.

44.

Raghunandan Paswan S/o- Ramashish Paswan, Resident of VillageMalawan, P.O.- Avdachak, P.S. Sare, District- Nalanda. Presently working as Headmaster in Middle School, Jiyar, Block- Asthawan, District- Nalanda. 45.

Anita Kumari D/o- Late Birendra Prasad Singh, Resident of Mohalla- Patel Nagar, P.O. and P.S.- Barbigha, District- Sheikhpura. Presently working as Assistant Teacher in Primary School, Amber, Block- Biharsharif, DistrictNalanda. Pin Code-803101. 46.

Rajib Ranjan S/o- Raghunandan Prasad Singh, Resident of Village- Dillu Bigha, P.O.- Barnausa, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Rahui, Block- Rahui, District- Nalanda. Pin Code-803118.

47.

Rama Shankar Prasad S/o- Parameshwar Prasad, Resident of Village and P.O.- Rahui, District- Nalanda. Presently working as Headmaster in Middle School, Baranoi, Block- Rahui, District- Nalanda. Pin Code-803118. ... ... Petitioners

Versus

1.

The State of Bihar through its The Additional Chief Secretary cum The

5/6 Principal Secretary, Education Department, Government of Bihar, Patna. 2.

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

3.

The Director, Primary Education, Bihar, Patna. 4.

The Joint Secretary, Education Department, Bihar, Patna. 5.

The District Education Officer, Nalanda.

6.

The District Programme Officer (Establishment), Nalanda. 7.

The Block Education Officer, Islampur, District- Nalanda. 8.

The Block Education Officer, Sarmera, District- Nalanda. 9.

The Block Education Officer, Noorsarai, District- Nalanda. 10.

The Block Education Officer, Asthawan, District- Nalanda. 11.

The Block Education Officer, Biharsharif, District- Nalanda. 12.

The Block Education Officer, Rahui, District- Nalanda. 13.

The Block Education Officer, Rajgir, District- Nalanda. 14.

The Block Education Officer, Nagarnausa, District- Nalanda. 15.

The Block Education Officer, Bind, District- Nalanda. 16.

The Block Education Officer, Tharthari, District- Nalanda. 17.

The Block Education Officer, Harnaut, District- Nalanda. 18.

The Block Education Officer, Karaipersurai, District- Nalanda. 19.

The Block Education Officer, Ben, District- Nalanda. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rama Kant Singh, Advocate For the Respondent/s :

Mr.Shiv Kumar, AC to Government Advocate 03 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-12-2024 Heard learned counsel for the parties.

2. Present writ petition has been filed for directing respondents to grant the matric trained pay scale to the petitioners from the date of their joining in the light of CWJC No. 6139 of 2007 (Ram Ashish Tiwary & Ors Vs. The State of Bihar & Ors) dated 31.03.2011 which was upheld by the Division Bench of this Court by the judgment dated 16.08.2017 passed in LPA No. 756 of 2015 (The State of Bihar & Ors Vs. Ram Ashish Tiwary & Ors).

6/6

3. Learned counsel for the petitioners submits that the case of these petitioners is squarely covered by the judgment passed in LPA No. 756 of 2015 arising out of C.W.J.C. No. 6139 of 2007 dated 16.08.2017. Hence, petitioners are entitled to the similar relief as per the State Litigation Policy under Clause 4(c)

(1) which reads as follows:- "4.C Covered Matters: 4.C (1). A good number of cases are from the category of similar cases. Each Government Department will aim to consider and settle the claim of the representationist/applicant-employee/citizen, if the claim is found covered by any decision of the Court. Many service matters of this nature, can be disposed of at the level of the Department itself without compelling the litigant to come to the Court. In this manner, the Government Departments would be acting as efficient litigants."

4. Considering the submissions made on behalf of the petitioners, the present writ application stands disposed of in light of the order passed in C.W.J.C. No. 6139 of 2007 dated 31.03.2011 and L.P.A. No. 756 of 2015 dated 16.08.2017 and the State Litigation Policy as quoted above.

5. The benefit granted to the petitioner of the aforesaid C.W.J.C. No. 6139 of 2007 dated 31.03.2011, shall be extended to these petitioners within a period of six months from the date of making such representation before the competent authority.

6. Accordingly, the instant petition stands disposed of. (Prabhat Kumar Singh, J) Shashi U