Hari Shanker Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25055 of 2019 ====================================================== 1.

Hari Shanker Prasad Son of Late Binda Prasad Resident of Village and P.O. Ratanmala, P.S.- Majhaulia, District- West Champaran. 2.

Ghan Shyam Tiwari Son of Late Ramashish Tiwari Resident of VillageChhaurahiya, P.O.- Chanayanbandh, P.S.- Majhaulia, District- West Champaran.

3.

Laxuman Ram Son of Late Gaya Ram Resident of Village- Sahbajwa, P.O. Ratanmala, P.S. Majhaulia, District- West Champaran. 4.

Anjani Kumar Yadav Son of Late Ram Balak Yadav Resident of VillageDudha Mathia, P.O.- Ratanmala, P.S. Majhaulia, District- West Champaran. 5.

Shailesh Ranjan Son of Late Nalini Ranjan Resident of Village- Amwa Majhar, P.S. Bettiah (Muffasil), District- West Champaran. 6.

Pratap Singh Son of Late Lal Babu Singh Resident of Village- Singhasini, P.S. Ram Gadhwa, District- East Champaran.

7.

Shabnam Ara Wife of Md. Jakariya Resident of Village- Parsa Dumariya, P.O. Parsa, P.S. Majhaulia, District- West Champaran. 8.

Brij Kishore Ram Son of Late Shiv Pujan Ram Resident of Village and P.O. Majhariya Seikh, P.S. Majhaulia, District West Champaran. 9.

Jamalun Nesa Wife of Abul Hasan Resident of Village- Semra Ghat, P.O. Sariswa Bazar, P.S. Majhaulia, District West Champaran. 10.

Chandni Parveen Wife of Ataul Haque Resident of Village- Bhogari, P.O. Birwa, P.S. Majhaulia, District- West Champaran. 11.

Ataul Haque Son of Late Seikh Raisul Azam Resident of Village Bhogari, P.O. Birwa, P.S. Majhaulia, District West Champaran. 12.

Ziaur Rahman Son of Late Mohammad Raja Resident of Village- Semra Ghat, P.O. Sariswa, P.S. Majhaulia, District- West Champaran. 13.

Imteyaz Alam Son of Akramullah Ansari Resident of Village- Semrabrit, P.O. Mathia Brit, P.S. Majhaulia, District- West Champaran. 14.

Sabiha Khatoon Wife of Nausad Alam Resident of Village- Semra Ghat, P.O. Sariswa Bazar, P.S. Majhaulia, District West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Principal Secretary, Education Department, Bihar, Patna. 4.

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

The Director, State Council of Educational Research, Bihar, Patna. 6.

The Chairman, Bihar School Examination Board, Bihar, Patna. 7.

The Secretary, Bihar School Examination Board, Bihar, Patna. 8.

The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.

Patna High Court CWJC No.25055 of 2019(2) dt.13-12-2019 2/3 9.

The District Education Officer, District- West Champaran. 10.

The District Programme Officer, Establishment, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Respondent/s :

Mr.Jitendra Kr. Roy 1 (SC13) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners submits that petitioners were sent for training in the year 2013-15. The course was completed in the year 2017 but the examination was held in the year 2018. The result was published only in March, 2019 along with the result of junior batch. Learned counsel for the petitioners submits that petitioners should not suffer on account of laches on the part of the respondents for the delay in publishing the result after completion of in service training. It is further submitted that in a similar case, this Court by order dated 09.08.2019 passed in C.W.J.C. No.16165 of 2019 directed the Director, Primary Education to consider the case of the petitioners and grant the benefit from the date of completion of the training as the lapses on the part of the respondents cannot be a ground to deny the benefit of trained pay scale. Having considered the facts and submissions of the

Patna High Court CWJC No.25055 of 2019(2) dt.13-12-2019 3/3 parties, I dispose of this writ petition with a direction to the Director, Primary Education to consider the case of the petitioners for grant of trained pay scale from the date of completion of the training of the petitioners as even after completion of the training of the petitioners, the examination was held and the respondents took years to publish the result and pass order in accordance with law within four months from the date of receipt of this order. With the aforesaid direction, this writ petition stands disposed of.

(Prabhat Kumar Jha, J) Saurabh/- U