Rajesh Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19400 of 2024 ====================================================== 1.

Rajesh Kumar Dubey son of Bhola Nath Dubey resident of Meenakshi Apartment, Dujra, P.S. Budha Colony, District Patna 2.

Santosh Kumar Sah son of Ghanshyam Sah resident of Jamuna Villa, Lohia Path, P.S. Airport, District Patna 3.

Rekha Sinha daughter of Anil Kumar resident of Kadam Kuman, Gola Road, P.S. Nawada, District Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Bihar, Patna 2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna 3.

The Secretary, Finance Department, Government of Bihar, Patna 4.

The Director, Primary Education, Bihar, Patna 5.

The District Education Officer, Patna 6.

The District Programme Officer, Establishment, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Respondent/s :

Mr. AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2025

1. Heard learned counsel for the petitioners and learned AC to GP-25 for the State.

2. Learned counsel for the petitioners submits that the instant writ application has been filed for a direction upon the District Education Officer, Patna to grant pay scale admissible to matric trained teacher to the petitioners from the date of appointment in light of order dated 31.03.2011 passed in C.W.J.C. No. 6139 of 2007 (Ram Ashish Tiwary & Ors. Vs. The State of Bihar & Ors.) duly affirmed by an order dated

Patna High Court CWJC No.19400 of 2024(2) dt.26-06-2025 2/3 16.08.2017 passed in L.P.A. No. 756 of 2015 (The State of Bihar & Ors. Vs. Ram Ashish Tiwary & Ors.) along with the consequential benefits i.e. benefit of MACP on completion of requisite length of service from the date of appointment and to pay the consequential monetary benefits in the event the matric trained scale is granted.

3. Learned counsel for the petitioners further submits that petitioners had represented before the District Education Officer, Patna vide their representation dated 28.11.2024 for redressal of their grievance as raised in the instant writ application as would manifest from Annexure-P/8 to the writ application. It is next submitted that petitioners had also represented before the Director, Primary Education, Government of Bihar, Patna for seeking the aforesaid relief. It is also submitted that application of the petitioners dated 28.11.2024 till date has not been acted upon.

4. Learned State Counsel submits that the writ application can be disposed of with a direction to the District Education Officer, Patna to consider and dispose of the representation of the petitioners dated 28.11.2024 but then submits that it might be a possibility that the representation filed by the petitioners through speed post may not be located in the

Patna High Court CWJC No.19400 of 2024(2) dt.26-06-2025 3/3 office of the District Education Officer, Patna on which learned counsel appearing on behalf of the petitioners submits that fresh representation shall be filed before the District Education Officer, Patna seeking redressal of their grievance as raised in the instant writ application on or before 11.07.2025.

5. After hearing the learned counsel for the parties, the writ application is disposed of with a liberty to the petitioners to file a fresh representation before the District Education Officer, Patna seeking redressal of their grievance as raised in the instant writ application, if any representation on behalf of the petitioners is filed on or before 11.07.2025 in that event the District Education Officer, Patna shall consider and dispose of the same within a period of three months thereafter, after giving property opportunity of hearing to the petitioners. (Satyavrat Verma, J) Kundan/- U