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Patna High CourtCWJC/9948/2018disposed

Aman Kumar v. The State Of Bihar And ORS

2018-08-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9948 of 2018 ====================================================== Aman Kumar Son of Mohan Paswan, Resident of Village+PO P.S. Mohiuddin Nagar, District- Samastipur, at present Panchayat Teacher, Primary School, Mohiuddin Nagar, Block Mohiuddin Nagar, District- Samastipur. ... ... Petitioner/s

Versus

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

2. The Director, Primary Education, Education Department, Govt. of Bihar, Patna. null null

3. The Regional Deputy Director of Education, Darbhanga Division, Darbhanga.

4. The District Magistrate, Samastipur.

5. The District Education Officer, Samastipur.

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

7. The Block Education Officer, Mohiuddin Nagar, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Abhay Kumar Jha, Adv.

For the State :

Mr. Rajesh Kr. Sinha, AC to GP23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2018 Heard the parties.

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

(1) For issuance of a direction to the respondents to consider the case of the petitioner for continuane as a teacher on regular pay scale in terms of the judgments of the Hon'ble Apex court in case of Vishwa Nath Pandey and Mukesh & others.

That this writ application is also being filed for issuance of a direction to the respondents to make available the similar reliefs to the petitioner in terms of the case of Vishwanath Pandey & Mukesh & others.

That this writ petition is being filed for

Patna High Court CWJC No.9948 of 2018(2) dt.02-08-2018 2/2 issuance of a direction to the respondents to appoint the petitioner on class II post on regular pay scale or to continue the petitioner as a teacher on regular pay scale in terms of the judgment of Hon'ble Apex court.

That this writ application is also being filed for issuance of a direction to the respondents to pay the differences of salary from the date of the appointment with all consequential benefits to the petitioner.

It has been submitted that the case of the petitioner is squarely covered by the order dated 16.07.2018 passed in C.W.J.C. No.10306 of 2018.

The Respondent No.6 i.e. The District Programme Officer (Establishment), Samastipur is directed to examine the case of the petitioner in the light of the case as referred above and pass an appropriate order in accordance with law within a period of three months from the date of receipt/production of this order.

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

Narendra/- (Sudhir Singh, J) U