Vinay Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.95 of 2024 ====================================================== 1.

Vinay Kumar Jha Son of Late Ramdeo Jha, resident of Village-Siswar, Police Station-Phulparas, District-Madhubani. 2.

Lal Dai, wife of Late Prabodh Pathak, resident of Village-Mansapur, Police Station-Phulparas, District-Madhubani.

3.

Amar Lata Devi, Wife of Late Kusheshwar Yadav, resident of VillageMansapur, Police Station-Phulparas, District-Madhubani. 4.

Chandra Shekhar Jha, Son of Late Nirmal Kant Jha, resident of VillageGhoghardiha, Police Station-Ghoghardiha, District-Madhubani. 5.

Narayan Jha, Son of Late Baleshwar Jha, resident of Village-Ghoghardiha, Police Station-Ghoghardiha, District-Madhubani. 6.

Ashok Kumar Jha, son of Late Sristi Narayan Jha, resident of VillageBrahmapur, Police Station-Phulparas, District-Madhubani. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

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

4.

The Special Director, Secondary Education (In charge Sanskrit), Department of Education, Government of Bihar, Patna.

5.

The District Education Officer, Madhubani.

6.

The District Programme Officer, Establishment, Madhubani. 7.

The Chairman, Bihar Sanskrit Shiksha Board, Patna. 8.

The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar Jha For the State :

Mr.Sita Ram Yadav, G.P.16 Mr.Yatindra Narayan, A.C. to G.P.16 For the BSSB :

Mr.S.S. Sundaram, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 01-03-2024 Heard learned counsel for the petitioners, learned counsel

Patna High Court CWJC No.95 of 2024 dt.01-03-2024 2/3 for the State and learned counsel for the Bihar Sanskrit Shiksha Board.

2.

The present writ application has been filed by the petitioner for issuance of a writ in the nature of mandamus and/or any other appropriate writ, order or direction, directing and commanding the respondents to make payment of arrear by way of differential amount of salary in the revised pay scale under 5th, 6th and 7th pay revision in the same manner as allowed to the teaching and non-teaching staffs of the Government Schools together with Dearness Allowance admissible thereon as has been directed by the Division Bench of this Hon'ble Court in L.P.A. No.43 of 2016 and analogous cases vide order dated 13.08.2019.

3.

Learned counsel for the petitioners submits that the petitioners' case is fully covered by the judgment passed by this Court in L.P.A. No.43 of 2016 and analogous cases. 4.

Considering the aforesaid facts, since the case of the petitioners stand on similar footing to that of the petitioners of L.P.A. No.43 of 2016, there is no requirement to keep pending the present writ application in want of counter-affidavit. 5.

Accordingly, the petitioners are directed to file a detailed representation along with a copy of the order passed in the

Patna High Court CWJC No.95 of 2024 dt.01-03-2024 3/3 L.P.A. No.43 of 2016, before the respondent no.5 within a period of four weeks.

6.

Learned counsel for the respondent no.5 is directed to dispose off the representation of the petitioners by passing a reasoned and speaking order in accordance with law, within a period of six weeks from the date of filing of such representation by the petitioners and respondent no.5 is directed to personally hear the petitioners or their counsel and pay the claim/admitted dues of the petitioners.

7.

The respondent no.5 is directed to ensure compliance of this order and if the representation of the petitioners is not considered within the stipulated period, the respondent no.5 shall be personally held responsible for non-complying the order of this Court.

8.

With the aforesaid directions, this writ application is hereby disposed off.

(Anjani Kumar Sharan, J) pallavi/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 05.03.2024 Transmission Date N.A.