Mr. Sajjan Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.841 of 2024 ====================================================== 1.

Mr. Sajjan Kumar Jha S/o Late Gouri Shankar Jha R/o Village-Neema, P.O. and P.S.-Bounsi, District-Banka, PIN Code-813104, Presently Working as Assistant Teachers in Middle School, Jhapaniya, Bounsi, Banka. 2.

Mr. Sudin Pankaj S/o Late Mohan Harijan R/o Village and P.O.-Gorgamma, P.S.-Bounsi, District-Banka, PIN Code-813104, Presently Working as Assistant Teachers in Upgraded Middle School, Bamdjiwalurawa, Bounsi, Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Deptt of Education, Govt. of Bihar, Patna.

2.

The Director, Primary Education Department, Govt. of Bihar, Patna. 3.

The Regional Deputy Director of Education, Bhagalpur. 4.

The District Education Officer, Banka.

5.

The District Program Officer (Establishment), Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushottam Kumar Jha, Advocate For the Respondent/s :

Mr. Majid Mahboob Khan, AC to AAG12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 22-03-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ petition has been filed seeking the following reliefs:

(i) Issuance of an Order, Direction or a Writ in the nature of Mandamus commanding the Respondent Nos. 4 and 5 to grant Matric Trained Scale of Pay to the petitioners, from the date of completion of three years of the initial appointment of the petitioners on the post of Assistant Teachers, as has been decided to be granted by this Hon'ble Court to the similarly situated Assistant Teacher vide order dated 11.04.2018 passed in C.W.J.C. No. 7322 of 2017 (Abdus Samad vs. The State of Bihar & Ors.), which has attained finality on account of the withdrawal of LPA No. 502 of 2021 by the State Government of Bihar vide order dated 08.07.2022, and has already been complied with the District Programme Officer (Establishment) Sitamarhi vide

Patna High Court CWJC No.841 of 2024 dt.22-03-2024 2/2 Memo No. 2394 dated 20.09.2018.

3. At the very outset, learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the respondent authorities for redressal of his aforesaid grievance, Liberty, so sought, is granted.

4. The petitioners are directed to file a detailed representation before the respondents no. 4 along with all supporting documents within a period of three weeks and the respondent no. 4 is well advised to consider the case of the petitioners after affording opportunity of personal hearing or through their counsel and pass a reasoned and speaking order in accordance with law within eight weeks thereafter.

5. It is made clear that the respondent no. 4 shall be liable for non-compliance of this order within the stipulated period.

6. With the aforesaid direction, the writ application stands disposed of.

(Anjani Kumar Sharan, J) anand/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.03.2024 Transmission Date NA