Tarakant Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.453 of 2025 ====================================================== 1.
Tarakant Jha son of Late Pulkit Jha Resident of mohalla- Ward no. 22 near railway station Gopalganj, P.S- Gopalganj, District- Gopalganj, 2.
Parasnath Pandey son of Late Shiwdeni Pandey Resident of mohalla- Gosai Tola, Station Road, Manikpur, Gopalganj, P.S- Gopalganj, District- Gopalganj, 3.
Arvind Kumar Pandey son of Parasnath Pandey Resident of mohalla- Gosai Tola, Station Road, Manikpur, Gopalganj, P.S- Gopalganj, District- Gopalganj, 4.
Arun Kumar Singh son of Late Bhagwan Singh Resident of village- Chandi, P.S- Akhodhi Gola, District- Rohtas 5.
Ball Ram Singh @ Bali Ram Singh son of Late Shankar Singh Resident of village- Chandi, P.S- Akhodhi Gola, District, Rohtas, 6.
Rameshwar Singh son of Late Sundar Singh Resident of village- Tumba Ramdhira, P.S- Rohtas, District-Rohtas 7.
Rajneti Singh son of Late Khobhari Singh Resident of village- Chandi, P.S Akhodhi Gola, District- Rohtas At present- Babhani, P.S- Karaghar, DistrictRohtas (Sasaram), 8.
Shambhu Singh son of Late Bhagwan Singh Resident of village- Chandi, P.S- Akhodhi Gola, District, Rohtas, 9.
Vidya Devi wife of Late Bali Ram Singh Resident of village- Chandi, P.S Akhodhi Gola, District, Rohtas, 10.
Bipin Kumar Thakur son of Late Mahadeo Thakur Resident of village- Deohar, P.S-Andharatharhi, District, Madhubani, 11.
Rekha Choudhary wife of Anand Kumar Choudhary Resident of village- Deohar, P.S-Andharatharhi, District, Madhubani, 12.
Urmila Devi wife of Late Mahadev Thakur Resident of village- Deohar, P.SAndharatharhi, District, Madhubani, 13.
Shobhakant Jha son of Late Krishna Narayan Jha Resident of village- Deohar, P.S-Andharatharhi, District, Madhubani, 14.
Madneshwar Roy son of Late Radhakant Jha Resident of village- Deohar, P.S-Andharatharhi, District- Madhubani 15.
Narayan Jha son of Late Jagdhish Jha Resident of village- Deohar, P.S-Andharatharhi, District- Madhubani 16.
Ganga Prasad Jha son of Late Harinarayan Jha Resident of village- Deohar, P.S-Andharatharhi, District, Madhubani, 17.
Bulan Mandal son of Late Jaleshar Mandal @ Jale Mandal Resident of village- Deohar, P.S-Andharatharhi, District- Madhubani, 18.
Lakshami Mandal @ Laxmi Mandal son of Bulan Mandal Resident of village- Deohar, P.S-Andharatharhi, District- Madhubani, 19.
Triveni Jha son of Late Chiranjiv Jha Resident of village- Deohar, P.S-Andharatharhi, District- Madhubani
2/5 ... ... Petitioner/s
Versus
1.
The State of Bihar through its Additional Chief Secretary, Education Department, Govt. of Bihar, Patna, 2.
The Secretary of Bihar Sanskrit Shiksha Board, Patna through its Secretary 3.
The Administrator cum Chairman of Bihar Sanskrit Shiksha Board, Patna 4.
The Secretary of Bihar Sanskrit Shiksha Board, Patna 5.
The District Education Officer of Gopalganj/ Rohtas/ Madhubani 6.
The District Programme Officer (Establishment), Gopalganj/Rohtas/ Madhubani. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Jha For the Respondent/s :
Mr. Additional Advocate General (9) Mr. Anil Kumar Verma, AC to AAG 9 For the B.S.S. Board :
Ms. Kumari Sujata Sinha, Advocate Mr. Satyam Shivam Sundaram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-06-2025
1. Heard the parties.
2. The petitioners have filed this writ application for the following reliefs:- "i) For issuance of direction to the authorities concern to immediate provide the remaining dues of arrears of differential amount of 5th, 6th and 7th revised pay scale with statutory interest since 1.1.1986, 1.4.2007 and 1.4.2017 respectively in light of judgment dated 13.08.2019 passed by Hon'ble Mr.
3/5 Justice Jyoti Sharan and Hon'ble Mr. Justice Parth Sarthy in L.P.A. No. 43 / 2016 and some other analogues L.P.As for maintaining the parity of petitioners with the employees of nationalized schools. ii) For issuance of direction to instantly provide the remaining dues of dearness allowances and the deducted amounts deposited in their P.F. accounts during the course of their service period with statutory interest in view of the above mentioned judgment passed by the Hon'ble Division Bench of Patna High Court in L.P.A. No. 43 / 2016 and other analogous L.P.As.
iii) For issuance of direction to the authorities concerned to quickly provide the other remaining dues of petitioners / their husband / father for which they are legally entitlement as per statutory provision of law as given to the similar benefits to the other concerned employees, in view of clause 4C(1) of the Bihar State Litigation Policy 2011.
3. The petitioners have been working as Headmaster, Assistant Teacher and Peon in different Non-Government Recognized (Aided) Sanskrit Schools of Primary, Middle and Secondary standard in the district of Gopalganj / Rohtas / Madhubani.
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4. Learned counsel for the petitioners submits that Division Bench of this court in similar circumstances directed the respondent authorities in the Education Department to grant benefits of revisional pay scale of 5th and 6th pay revision to the teachers and non-teaching staffs of the Non-Government Recognized (Aided) Sanskrit Schools in the same manner as allowed to the teachers and non-teaching staffs of the Government Schools together with dearness allowance as admissible thereon.
5. Learned counsel for the State as well as Bihar Sanskrit Shiksha Board submit that relief prayed for in this writ application is covered by the aforesaid Division Bench judgment.
6. Having heard learned counsel for the parties, taking into consideration the nature of prayer made in this writ application, the present writ application is disposed with liberty to the petitioners to file a detailed representation along with copy of the judgment passed in L.P.A. No. 43 of 2016 before the respondent no. 6 / District Programme Officer (Establishment) Gopalganj / Rohtas / Madhubani within a period of fifteen days from today.
7. It is made clear that if representation is filed by the petitioners, the same shall be disposed by the respondent no. 6
5/5 in the light of the judgment passed in L.P.A. No. 43 of 2016 within a period of three months from the date of filing of the representation.
(Anil Kumar Sinha, J) praful/- U