Shiv Narayan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.98 of 2024 ====================================================== 1.

Shiv Narayan Jha Son of Late Jagdish Jha Resident of Village - Gahuma Bairiya, Police Station- Phulparas, Dist. Madhubani. 2.

Ghuran Thakur Son of late Tetar Thakur Resident of Village - Gahuma Bairiya, Police Station- Phulparas, Dist. Madhubani. 3.

Awadh Narayan Jha Son of Late Kamla Kant Jha Resident of Village - Gahuma Bairiya, Police Station- Phulparas, Dist. Madhubani. 4.

Ram Chandra Jha Son of Late Kailu Jha Resident of Village - Gahuma Bairiya, Police Station- Phulparas, Dist. Madhubani. 5.

Jagdish Yadav Son of Late Madhu Yadav Resident of Village - Gahuma Bairiya, Police Station- Phulparas, Dist. Madhubani. 6.

Vakil Yadav Son of late Sitai Yadav Resident of Village - Gahuma Bairiya, Police Station- Phulparas, Dist. 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 (Inocharge 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 Respondent/s :

Mr.Government Pleader 14 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.98 of 2024 dt.01-03-2024 2/3 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 L.P.A. No.43 of 2016, before the respondent no.5 within a

Patna High Court CWJC No.98 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.