Dr. Anil kumar sinha and Ors. Vs The State of Bihar and Ors. — Patna HC (2024) — LawSathi Research

Dr. Anil kumar sinha and Ors. Vs The State of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Additional Chief Secretary, Education Department, Government of Bihar to dispose of the representation filed by the petitioners within six weeks from the date of receipt/production of a copy of the order; no declaration on the substantive entitlement claim was made.

Issue for consideration

Whether the petitioners, who claim to be working as lecturers at different State Government Teachers Training Colleges continuously for more than seven years by virtue of their eligibility and educational qualifications, are entitled to all consequential benefits of the post of lecturer of a Government teachers training college (including pay scale benefits), and whether the pending representation before the Additional Chief Secretary, Education Department should be directed to be decided.

Ratio / Principle

Without adjudicating the substantive claim of entitlement, the Court disposed of the writ application with a direction to the Additional Chief Secretary, Education Department, Government of Bihar to dispose of the petitioners' representation within a period of six weeks from the date of receipt/production of a copy of the order.

Detailed headnote1 paragraphs

Writ Petition — Civil Writ Jurisdiction Case No.2441 of 2019 — Dr. Anil Kumar Sinha and two other petitioners v. The State of Bihar through the Chief Secretary and other Education Department officials — High Court of Judicature at Patna (Honourable Mr. Justice Anjani Kumar Sharan), oral judgment dated 13-02-2024. The petitioners sought a declaration that they are lecturers working at different State Government Teachers Training Colleges continuously for more than seven years by virtue of eligibility and educational qualifications, and consequently entitled to all benefits of the post of lecturer of a Government teachers training college, including pay-scale benefits. Counsel for the petitioners stated that a representation seeking grant of benefit of pay scale etc. of the post of lecturer was pending before the Additional Chief Secretary, Education Department, Government of Bihar with no action taken; counsel for the State submitted that the Additional Chief Secretary would dispose of the representation within six weeks. Disposing of the writ application without deciding the entitlement claim, the Court directed the Additional Chief Secretary, Education Department, Government of Bihar to dispose of the petitioners' representation within a period of six weeks from receipt/production of a copy of the order. Judgment marked NAFR; no statute or precedent cited; no dissent.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2441 of 2019

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Dr. Anil kumar sinha son of Late Krishna Kumar Sinha resident of House of Dr. R.N.P. Gupta, Zamiran Ki Gachhi, banke sah chowk, Police StationSadar, District- Muzaffarpur

Madhulika Lal wife of Ashok kumar Lal resident of E/128, P.C. colony, P.SKankarbagh, district- Patna

Sachchidanand Prasad son of Late Bal Krishna Prasad resident of Villagetehta, P.S- Makhumdpur District- Jehanabad

... ... Petitioner/s

Versus

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna

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

The Director, Research and Training, Education Department, Govt. Of Bihar, Patna Bihar

The Director (Administration) cum- Additional Secretary, Education Department Govt. of Bihar, Patna

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Mukesh Kumar, Adv. For the Respondent/s : Mr. Kameshwar Kumar, G.P. 17

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT

Date : 13-02-2024

Heard learned counsel for the parties.

The present application has been filed for the

following reliefs:

I. For declaration by the Hon’ble Court to the effect that the petitioners are lecturers working at different State Government Teachers Training Colleges by virtue of eligibility and educational qualifications for more than 7 years continuously and thus they are entitled to all consequential benefits of the post of lecturer of Govt. teachers training college.

Patna High Court CWJC No.2441 of 2019 dt.13-02-2024 2/2

II. For any other relief/reliefs to which the petitioners may be entitled to.

Learned counsel for the petitioners fairly submitted

that the petitioners have filed the representation before the Additional Chief Secretary, Education Department, Government of Bihar, Patna for grant of benefit of pay scale etc. of the post of lecturer but till date no action has been taken.

Learned counsel for the State-respondents submits that the Additional Chief Secretary, Education Department, Government of Bihar will dispose of the representation of the petitioners within six weeks.

Considering the facts and circumstances of the case, this writ application is disposed of with a direction to the Additional Chief Secretary, Education Department, Government of Bihar to disposed of the representation filed by the petitioners within a period of six weeks from the date of receipt/production of a copy of this order.

(Anjani Kumar Sharan, J)

devendra/-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	16.02.2024
Transmission Date	NA