Rajkumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19428 of 2024 ====================================================== 1.
Rajkumar Prasad S/o- Deoki Pandit, Resident of Village and P.O.- Suhawanpur (Surhi), P.S.- Islampur, District- Nalanda, Presently working as Headmaster in Upgraded Middle School Kolhua, Block- Ben, DistrictNalanda, Pin Code- 803116. 2.
Randiway Kumar, S/o- Nathun Sharma, Resident of Mohalla- Narsaliganj Station Road, P.O. and P.S.- Biharsharif, District- Nalanda, Presently working as Headmaster in Upgraded Middle School Amera, BlockTharthari, District- Nalanda. Pin Code-803101. Surendra Kumar, S/o- Preman Prasad, Resident of Village Kakaila, P.O.- Mirchaiganj, P.S. and District- Nalanda, Presently working as Headmaster in Upgraded Middle School, Navinagar, Deepnagar, Block- Biharsharif, District- Nalanda. Pin Code-803111.
Sanjay Kumar, S/o- Ragho Mahto, Resident of Village Bishunpur, P.O. Ghosarwan, P.S.- Giriyak, District- Nalanda, Presently working as Graduate Science Teacher in Middle School, Imadpur, Block- Biharsharif, DistrictNalanda. Pin Code-803101 Satyadeo Narayan, S/o- Yamuna Prasad, Resident of Mohalla- Patel Nagar, Bhaisasur, P.S. Biharsharif, District- Nalanda. Presently working as Headmaster in Middle School, Ajaypur, Block- Noorsarai, District- Nalanda. Pin Code-803101.
Suryakiran Prasad Singh, S/o- Rohit Prasad, Resident of Village and P.O.- Daili, P.S.- Harnaut, District- Nalanda. Presently working as Headmaster in Middle School, Rukhai, Block Chandi, District Nalanda. Pin Code- 803113. 7.
Anita Kumari, D/o- Ramlakhan Prasad Singh, Resident of Village Marhara, P.O.- Ganpura, P.S.- Noorsarai, District- Nalanda. Presently working as Graduate Science Teacher in Upgraded Middle School, Ramchandarpur, Block- Biharsharif, District- Nalanda. Pin Code- 803113. 8.
Avinash Kumar, S/o- Saryug Prasad, Resident of Village and P.O. and P.S.- Rahui, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Ratna, Block- Rajgir, District- Nalanda. Pin Code-803119. 9.
Shailendra Kumar Singh, S/o- Yamuna Prasad, Resident of Village- Yogiya, P.O.- Alawan, P.S.- Parwalpur, District- Nalanda. Presently working as Headmaster in Middle School, Parasi, Block- Noorsarai, District- Nalanda. Pin Code-803114.
10.
Gajanand Prasad, S/o- Bangali Prasad, Resident of Village- Dhamauli Bigha, P.S.- Wena, District- Nalanda. Presently working as Assistant Teacher in Primary School, Shahawajpur, Block Chandi, District- Nalanda. Pin Code803110. 11.
Venkateshwar Kumar, S/o- Ayodhya Prasad, Resident of Village- Alinagar, P.O.- Poari, P.S.- Harnaut, District- Nalanda. Presently working as Headmaster in Middle School, Patasang, Block Rahui, District- Nalanda. Pin Code-803119.
12.
Gopal Sharan Prasad, S/o- Ayodhya Prasad, Resident of Village- Alinagar, P.O.- Poari, P.S. Harnaut, District- Nalanda. Presently working as
2/6 Headmaster in Upgraded Middle School, Sandalpur, Block- Harnaut, District- Nalanda. Pin Code-803110.
13.
Arvind Paswan, S/o- Ramchandra Paswan, Resident of Mohalla Sundergarh, P.O. and P.S.- Biharsharif, District- Nalanda. Presently working as Assistant Teacher in Utkramit Middle School, Birnawan, Block- Harnaut, DistrictNalanda, Pin Code-803110. 14.
Anil Kumar, S/o- Rajnandan Prasad, Resident of Village- Araut, P.O. and P.S. Wena, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Araut, Block Wena, District- Nalanda, Pin Code- 803110. 15.
Jitendra Kumar, S/o- Kameshwar Prasad, Resident of Mohalla- Jalalpur, P.O. and P.S.- Sohsarai, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Nonaura, Block- Noorsarai, District- Nalanda, Pin Code-803118.
16.
Upendra Kumar, S/o- Kishori Rajak, Resident of Mohalla Sohsarai Bich Bazar, P.O. and P.S.- Sohsarai, District- Nalanda. Presently working as Assistant Teacher in Upgraded Middle School, Kathauli, Block- Noorsarai, District- Nalanda, Pin Code-803118.
17.
Anil Kumar, S/o- Hari Narayan Sah, Resident of Mohalla- Amber, P.O. and P.S.- Biharsharif, District- Nalanda. Presently working as Graduate Science Teacher in Upgraded Middle School, Uprawan, Block- Biharsharif, DistrictNalanda, Pin Code-803101. 18.
Purnima Bharti, D/o- Baidynath Prasad, Resident of Mohalla Hospital More, P.O. and P.S.- Biharsharif, District- Nalanda. Presently working as Science Teacher in Rajkiye Model Middle School, Bhainsasur, Block- Biharsharif, District- Nalanda, Pin Code- 803101.
19.
Sudha Kumari Sinha, D/o- Sidheshwar Prasad, Resident of Village Indaut, P.O.- Bhavan Barui, P.S. Hilsa, District- Nalanda. Presently working as Assistant Teacher in Kanya Middle School, Chhoti Pahari, BlockBiharsharif, District- Nalanda, Pin Code-801302. 20.
Kumud Sinha, S/o- Awadhesh Kumar, Resident of Village Nepura, P.O. and P.S.- Asthawan, District- Nalanda. Presently working as Headmaster in Middle School, Nakatpura, Block- Biharsharif, District- Nalanda, Pin Code803107. 21.
Devendra Prasad, S/o- Late Sita Ram Saw, Resident of Village and P.O. Siur, P.S.- Roh, District- Nalanda. Presently working as Headmaster in Middle School, Pariauna, Block- Noorsarai, District- Nalanda, Pin Code- 801307. 22.
Sanjay Kumar, S/o- Ramlal Saw, Resident of Village and P.O. and P.S.- Nardiganj, District- Nawada. Presently working as Headmaster in Upgraded Middle School, Ajaynagar, Block- Rajgir, District- Nalanda, Pin Code805109. 23.
Sudhir Kumar Verma, S/o- Surendra Kumar Verma, Resident of Village and P.O. and P.S.- Silao, District- Nalanda. Presently working as Headmaster in Middle School, Narharbigha, Block- Silao, District- Nalanda, Pin Code803117. 24.
Sanjay Kumar, S/o- Ram Kishor Prasad Singh, Resident of Village and P.O. Rasisa, P.S.- Ekangarsarai, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Mundipur, Block- Aungari,
3/6 District- Nalanda, Pin Code-801303.
25.
Ram Pratap Singh, S/o- Sitaram Singh, Resident of Village- Khanapur, P.O.- Khushalpur, P.S.- Telhara, District- Nalanda. Presently working as Headmaster in Middle School, Telhara, Block- Ekangarsarai, DistrictNalanda, Pin Code-801306. 26.
Kumari Manjula Sinha, D/o- Naval Kishor Prasad, Resident of Village and P.O.- Khushhalpur, P.S.- Telhara, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Khanapur, Block- Ekangarsarai, District- Nalanda, Pin Code-803106.
27.
Kaushlendra Panday, S/o- Late Ramswarath Panday, Resident of VillageBenipur, P.O.- Rasisa, P.S.- Aungari, District- Nalanda. Presently working as Headmaster in Middle School, Rasisa, Block- Aungari, District- Nalanda, Pin Code-801303.
28.
Upendra Kumar, S/o- Hari Kishor Prasad, Resident of Village- Babhandiha, P.O.- Keshopur, P.S.- Hilsa, District- Nalanda. Presently working as Headmaster in Middle School, Rasisa, Block- Aungari, District- Nalanda, Pin Code-801303.
29.
Sanju Kumari, D/o- Ashok Prasad, Resident of Village- Dattu Bigha, P.S.- Aungari, District- Nalanda. Presently working as Headmistress in Primary School, Daba Bigha, Block- Ekangarsarai, District- Nalanda, Pin Code801301. 30.
Umesh Prasad, S/o- Late Mani Jamadar, Resident of Village- Amnar Khash, P.O.- Jagai, P.S.- Ekangarsarai, District- Nalanda. Presently working as Headmaster in Middle School, Ekangarsarai, Block- Ekangarsarai, DistrictNalanda, Pin Code-801301. 31.
Sarita Kumari, W/o- Puranchand, Resident of Village- Ataramchak, P.O.- Ekangardih, P.S.- Ekangarsarai, District- Nalanda. Presently working as Headmaster in Middle School, Narai, Block- Ekangarsarai, DistrictNalanda, Pin Code-801301. 32.
Ajit Kumar, S/o- Rameshwar Garain, Resident of Village Salehpur, P.O.- Salehpur, P.S.- Telhara, District- Nalanda. Previously working as Graduate Teacher in Upgraded Middle School, Barsiyawan, Block- Ekangarsarai, District- Nalanda, Pin Code-801301.
33.
Satyadeo Prasad, S/o- Ganesh Prasad, Resident of Village Mundipur, P.O. Ranipur, P.S.- Aungari, District- Nalanda. Previously working as Graduate Teacher in Upgraded Middle School, Teliyamai, Block- Ekangarsarai, District- Nalanda, Pin Code-801301.
34.
Ajay Kumar Sinha, S/o- Bhagbat Prasad, Resident of Village- Dattu Bigha, P.O.- Ope, P.S. Aungari, District- Nalanda. Presently working as Headmaster in Middle School, Rasisa, Block- Ekangarsarai, District- Nalanda, Pin Code801301. 35.
Kamal Nayan Kumar, S/o- Rameshwar Prasad, Resident of Village- Dattu Bigha, P.O.- Ope, P.S.- Aungari, District- Nalanda. Presently working as Assistant Teacher in Middle School, Hansepur, Block- Ekangarsarai, District- Nalanda, Pin Code-801301.
36.
Sanju Kumari, D/o- Late Biswanath Prasad, Resident of Village- Rasalpur, P.O.- Jagai, P.S. Chiksaura, District- Nalanda. Presently working as
4/6 Headmistress in Upgraded Middle School, Jagai, Block- Ekangarsarai, District- Nalanda, Pin Code-801301.
37.
Pramod Kumar, S/o- Raghunandan Prasad, Resident of Village Lodipur, P.O.. Khushalpur, P.S.- Telhara, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Manara, Block- Noorsarai, District- Nalanda, Pin Code-803102.
38.
Sanjeev Kumar, S/o- Late Kishori Prasad, Resident of Village and P.O.- Indaut, P.S.- Hilsa, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Banbaripur, Block- Hilsa, District- Nalanda, Pin Code-801302.
39.
Sanjay Kumar, S/o- Late Arun Prakash Singh, Resident of MohallaDekulighat, Garhpar, P.O. and P.S.- Biharsharif, District- Nalanda. Presently working as Assistant Teacher in Upgraded Middle School, Mohiuddinnagar, Block- Biharsharif, District- Nalanda, Pin Code-801302. 40.
Dhananjay Kumar, S/o- Late Rambriksh Prasad, Resident of Village Shekhpura, P.O.- Badarwali, P.S.- Chandi, District- Nalanda. Presently working as Headmaster in Upgraded Middle School, Uprawan, BlockBiharsharif, District- Nalanda, Pin Code-803101. 41.
Ranjit Kumar, S/o- Parmeshwar Prasad, Resident of Village Dababigha, P.O.- Ekangardih, P.S. Ekangarsarai, District- Nalanda. Presently working as Assistant Teacher in Middle School, Gomhar, Block- Aungari, DistrictNalanda, Pin Code-801301. ... ... Petitioner/s
Versus
1.
The State of Bihar through its The Additional Chief Secretary cum The Principal Secretary, Education Department, Government of Bihar, Patna. 2.
The Additional Chief Secretary cum The Principal Secretary, Education Department, Government of Bihar, Patna.
The Director, Primary Education, Bihar, Patna. The Joint Secretary, Education Department, Bihar, Patna. The District Education Officer, Nalanda.
The District Programme Officer (Establishment), Nalanda. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rama Kant Singh For the Respondent/s :
Government Pleader-06 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-01-2025 Heard learned counsel for the parties.
2.
The present writ petition has been filed for directing
5/6 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 judgement dated 16.08.2017 passed in LPA No. 756 of 2015 ( The State of Bihar & Ors. Vs. Ram Ashish Tiwary & Ors.) Learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the judgment passed in LPA No. 756 of 2015 arising out of CWJC No. 6139 of 2007 dated 16.08.2017. Hence, the 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 representation/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.
6/6 Considering the submissions made on behalf of the petitioners, the present writ application stands disposed of in light of the order passed in CWJC No. 6139 of 2007 dated 31.03.2011 and LPA No. 756 of 2015 dated 16.08.2017 and the State Litigation Policy as quoted above.
The benefit granted to the petitioner of the aforesaid CWJC 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. Accordingly, the instant petition stands disposed of. (Anjani Kumar Sharan, J) priyanka/- U