Disposed

Binit Anand v. The State of Bihar

Patna HC5 Aug 2024CWJC/11565/2024

Case brief

AI extract

What is this about?

Assistant Teachers sought Matric Trained Scale from three years after initial appointment, claiming coverage by Abdus Samad. The court disposed of the writ petition with liberty to file a representation to the District Programme Officer (Establishment), Vaishali, to be decided within two months; if covered by Abdus Samad, benefits were to be granted within one month thereafter.

What did the court decide?

Liberty to file representation before DPO (Establishment), Vaishali, to be decided in two months; benefits if covered by Abdus Samad, within one month thereafter.

Binit Anand Vs The State of Bihar — Service and Employment | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11565 of 2024

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Binit Anand Son of Prema Nand Resident of Boring Canal Road, Panchmukhi Hunuman Mandir, P.O.-GPO, P.S.-Budha Colony, DistrictPatna.

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Santosh Kumar Son of Satyendra Mohan Jha Resident of Sumitra Seva Sadan, Jandaha, P.S.-Jandaha, District-Vaishali.

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Dilip Kumar Singh Son of Basudev Singh Resident of Hajipur near R.N. College West Gate, P.S.-Town Thana, P.O.-Hajipur, District-Vaishali.

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Sanjay Kumar Son of Ramsurat Ray Resident of Village-Govindpur Jharhraha, P.S.-Rajapakar, P.O.-Chak Sikandar, District-Vaishali.

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Sanjeev Kumar Son of Ramanuj Singh Resident of Basdevpur Chandel, P.S.Mahnar, P.O.-Basdevpur Chandel, District-Vaishali.

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Mukesh Kumar Son of Godhan Prasad Singh Resident of Vilage and P.O.Suhadullapur, P.S.-Ganga Bridge, District-Vaishali.

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... ... Petitioner/s

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Versus

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

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The Director, Primary Education, Education Department Government of Bihar, Patna.

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The District Education Officer, Vaishali at Hajipur.

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The District Programme Officer (Establishment), Vaishali, Hajipur

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The Block Education Officer, Bidupur, Vaishali.

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The Block Education Officer, Jandaha, Vaishali.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Rajesh Kumar Sharma For the Respondent/s : Mr. Standing Counsel (28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 05-08-2024 1. The present writ application has been filed for a direction

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to the respondent-authorities to grant Matric Trained Scale to the petitioners from the date of completion of three years of their initial appointment on the post of Assistant Teacher.

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Patna High Court CWJC No.11565 of 2024(2) dt.05-08-2024 2/3

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Learned counsel for the petitioners submits that the case of the petitioners is fully covered by the judgment passed by this Hon’ble Court in Abdus Samad v. The State of Bihar and Ors., in CWJC No. 7322 of 2017, dated 11.04.2018. The case of the similarly situated teachers has been decided in terms of Abdus Samad (Supra) by this Court in CWJC No. 5092 of 2020 and analogous cases.

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Having heard learned counsel for the parties and taking into consideration their submissions, this writ application is disposed with liberty to the petitioners to approach the District Programme Officer (Establishment), Vaishali at Hajipur, by filing representation within a period of two weeks, which shall be decided by the District Programme Officer (Establishment), Vaishali at Hajipur, within a period of two months from the date of receipt of the representation.

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If it is found that the case of the petitioners is covered by Abdus Samad (Supra) and the petitioners are entitled for similar benefits, the respondent-authorities are directed to grant the petitioners the same, within a period of one month from the date of disposal of the representation.

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With the aforesaid observations and directions, this writ

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Patna High Court CWJC No.11565 of 2024(2) dt.05-08-2024 3/3

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application is disposed.

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(Anil Kumar Sinha, J)

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ashwani/-

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Binit Anand v. The State of Bihar

Case brief

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Binit Anand v. The State of Bihar

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