Vinod Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.96 of 2024 ====================================================== 1.

Vinod Kumar Thakur Son of Late Devkant Thakur, Resident of VillageAmauja, Police Station- Phulparas, District- Madhubani. 2.

Ramesh Chandra Mishra, Son of Kripa Nand Mishra, Resident of VillageGhoghardiha, Police Station- Ghoghardiha, District- Madhubani. 3.

Kumar Chandra Thakur, Son of Late Krishna Chandra Thakur, Resident of Village- Amauja, Police Station- Phulparas, District- Madhubani. 4.

Pratibha Devi, Wife of Late Kaushal Kumar Singh, Resident of VillageBelha, Police Station- Phulparas, District- Madhubani. 5.

Vinod Kumar Singh, Son of Late Surya Narayan Singh, Resident of VillageBelha, Police Station- Phulparas, District- Madhubani. 6.

Ram Vilas Singh, Son of Jhingur Singh, Resident of Village- Belha, 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 (Incharge Sanskrit), Department of Education, Government of Bihar, Patna.

5.

The District Education Officer, Madhubani.

6.

The District Programme Officer, Establishment, Madhubani. 7.

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

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

For the Petitioner/s :

Mr.Hemant Kumar Jha For the Respondent/s :

Mr.Standing Counsel 21 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 for the State and learned counsel for the Bihar Sanskrit Shiksha

Patna High Court CWJC No.96 of 2024 dt.01-03-2024 2/3 Board.

2.

The present writ application has been filed by the petitioners 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 L.P.A. No.43 of 2016, before the respondent no.5 within a

Patna High Court CWJC No.96 of 2024 dt.01-03-2024 3/3 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.