Disposed

Awadhesh Kumar Ray and Anr. v. The State Of Bihar and Ors.

Patna HC5 Aug 2024CWJC/22157/2013

Case brief

AI extract

What is this about?

Petitioners, retired assistant teachers, filed a writ application regarding pay-scale and seniority rights. The court, noting they had already accepted the scale, directed them to file a representation for the second M.A.C.P. grant, which the Director is to dispose of within three months.

What did the court decide?

Petitioners directed to file representation for second M.A.C.P. grant within four weeks; Director to dispose within three months.

Awadhesh Kumar Ray and Anr. Vs The State Of… — Pension and Retirement Benefits | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22157 of 2013

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Awadhesh Kumar Ray Son Of Shri Sudarshan Rai Resident Of VillageAkauna, Police Station- Simari, District- Buxar, At Present Posted And Working As Assistant Teacher In Govt. Middle School Dinya, AnchalSimari, District- Buxar

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Sunil Kumar Keshari Son Of Bansh Ropan Prasad Keshari Resident Of Station Road Buxar, P.O. Gajadharganj, District- Buxar, At Present Posted And Working As Assistant Teacher In Govt. Middle School Dumari, AnchalSimari, District- Buxar

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Principal Secretary, Government Of Bihar, Patna

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The Director, Primary Education, Bihar, Patna

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The District Magistrate, Buxar

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The Deputy Development Commissioner-Cum-Chairman, District Education Establishment Committee, Buxar

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The District Education Officer, Buxar

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The District Programme Officer Establishment, Buxar

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The Block Education Officer, Simari, District Buxar

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Umesh Kumar Mishra, Advocate For the Respondent/s : Mr.Suresh Kumar, AC to GP 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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23 05-08-2024 1. Heard learned counsel for the parties concerned.

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The petitioners have filed the present writ

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application, initially for a direction to the respondents to grant them Matric trained pay- scale from the initial date of appointment as also according to the seniority, as per the order passed by the Hon’ble High Court of Jharkhand in W.P. (S) No. 638 of 2006, however, in supplementary affidavit filed by the

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Patna High Court CWJC No.22157 of 2013(23) dt.05-08-2024 2/3

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petitioners, they have accepted that they have received Matric trained scale from the initial date of appointment. The petitioners were getting senior scale of pay from 15.09.1994 and 06.09.1994, respectively. Letter No. 2254 dated 13.12.2023 was issued to the District Education Officer, Buxar by which the Director, Primary Education, Government of Bihar, Patna has directed to consider the case of the petitioners for grant of second M.A.C.P. and to take a decision upon the same, urgently.

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Learned counsel for the petitioners submits that in terms of the letter of the Director, Primary Education dated 13.12.2023, as aforesaid, the District Education Officer, Buxar, vide letter no. 380 dated 27.05.2024, has sought guidelines from Director, Primary Education for grant of second M.A.C.P. to the petitioners.

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Regards being had to the rival submissions of the learned counsel for the parties and taking into consideration the fact that the petitioners have already retired, they are directed to file representation before the Director, Primary Education, Government of Bihar, Patna for grant of second M.A.C.P. and other benefits admissible to them, within a period of four weeks from today and if such a representation is filed, the Director, Primary Education is directed to dispose off the same, by

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Patna High Court CWJC No.22157 of 2013(23) dt.05-08-2024 3/3

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passing a reasoned and a speaking order, within a period of 03 months from the date of receipt of representation.

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With the aforesaid observations and directions,

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the present writ application is disposed off.

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(Anil Kumar Sinha, J)

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rinkee/-

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Awadhesh Kumar Ray and Anr. v. The State Of Bihar and Ors.

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Awadhesh Kumar Ray and Anr. v. The State Of Bihar and Ors.

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