Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24473 of 2019 ====================================================== Sanjeev Kumar S/o late Jaldhar Yadav, resident of Bari Mohali, P.S. - Muffasil District- Munger, at present posted as Assistant Teacher, Middle School Madhopur, Munger. ... ... Petitioner/s

Versus

1.

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

2.

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

The Principal Secretary, Department of Finance, Govt. of Bihar, Patna. 4.

The Director Primary Education, Govt. of Bihar, Patna. 5.

The Regional Deputy Director of Education, Munger Division, Munger. 6.

The District Education Officer, Munger District- Munger. 7.

The District Programme Officer (Establishment), Munger, District- Munger. 8.

The Treasury Officer, Munger, District- Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sevak Choudhary For the Respondent/s :

Mr.Kameshwar Kumar (Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-01-2020 Heard both sides.

The grievance of the petitioner in this writ petition is that although he was appointed on the post of Assistant Teacher on 15.12.1997 and he should have given matric trained scale from the date of appointment because the petitioner possesses higher qualification. The Division Bench of this court by order dated 16.08.2017 passed in L.P.A. No.756 of 2015 held that the person having higher qualification is entitled to get matric trained scale from the date of his initial appointment. Learned counsel for the petitioner submits that the

Patna High Court CWJC No.24473 of 2019(2) dt.09-01-2020 2/2 petitioner filed representation before the District Programme Officer (Establishment), Munger on 09.07.2019 (Annexure 6) but the same has not been disposed of.

Learned counsel for the State submits that the petitioner may file a detailed representation before the authority, who shall dispose of the representation of the petitioner within relevant time, as it appears from Annexure 6 that the petitioner filed representation without giving details and annexing the order of the court on the basis of which he claimed matric trained scale from the date of his initial appointment. Having considered the submissions of both sides, I dispose of this writ petition with a direction to the petitioner to give a detailed representation before the District Programme Officer (Establishment), Munger/competent authority within four weeks from today and the concerned authority after having received such representation, shall dispose of the representation of the petitioner within two months from the date of such representation.

With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) Harish/- U