Disposed¶68

Alok Kumar v. The State of Bihar

Patna HC9 Jan 2024CWJC/4595/2023

Case brief

AI extract

What is this about?

Patna High Court CWJC No.5092 of 2020 (with CWJC Nos. 4240, 4362, 4595 of 2023), Anil Kumar Sinha J., 09-01-2024; Assistant Teachers; Matric Trained Scale of Pay; grant from completion of three years of initial appointment; representation to respondent no. 4 (District Education Officer) within two weeks; decision within two months; benefit conditional on coverage by Abdus Samad, C.W.J.C. No. 7322 of 2017 (11.04.2018); allied decision C.W.J.C. No. 10018 of 2019 (03.05.2019) with DEO Banka compliance order dated 08.06.2019; writ applications disposed of with directions.

What did the court decide?

Liberty to the petitioners to file a representation before respondent no. 4 within two weeks; respondent no. 4 to decide it within two months of receipt; if the case is found covered by Abdus Samad, similar benefit shall be granted to the petitioners.

Alok Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners are entitled to a direction to the respondents to grant Matric Trained Scale of Pay from the date of completion of three years of their initial appointment as Assistant Teacher. +1 more

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Court's answer

The writ applications are disposed of with liberty to the petitioners to approach respondent no. 4 by filing a representation within two weeks, which respondent no. 4 shall decide within two months from receipt of the representation.

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Ratio / Principle

If on consideration of the representation the petitioners' case is found covered by the Abdus Samad decision, similar benefit shall be granted to the petitioners.

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Detailed headnote1 paragraphs

Patna High Court (Anil Kumar Sinha, J., oral order dated 09-01-2024) disposed of four connected writ petitions (C.W.J.C. No. 5092 of 2020 with C.W.J.C. Nos. 4240 of 2023, 4362 of 2023 and 4595 of 2023) filed by serving Assistant Teachers of Banka and Bhagalpur districts seeking a direction to grant Matric Trained Scale of Pay from the date of completion of three years of their initial appointment. Counsel for the petitioners contended the case was fully covered by the Co-ordinate Bench judgment in Abdus Samad Vs The State of Bihar & Ors., C.W.J.C. No. 7322 of 2017 (dated 11.04.2018), under which a further Co-ordinate Bench decision in C.W.J.C. No. 10018 of 2019 (03.05.2019) had led the District Education Officer, Banka to grant the Matric Trained Scale to similarly situated teachers by order dated 08.06.2019; counsel for the State submitted the writ applications could be disposed of in terms of Abdus Samad. The Court disposed of the applications with liberty to the petitioners to approach respondent no. 4 by representation within two weeks, to be decided within two months of receipt, and directed that if the case is found covered by Abdus Samad, similar benefit shall be granted.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5092 of 2020

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======================================================

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Nalini Kumar Rajesh, S/o Late Suresh Prasad Mandal, R/o Village - Babhangama, P.O. - Sondiha, P.S. - Barahat, District- Banka, presently working as Assistant Teacher in Upgraded Middle School, Kunouni, Khairatika, Barahat, Banka.

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Manoj Kumar Singh, s/o Late Janak Prasad Singh, R/o Village and P.O. - Chandadih, P.S. - Dhoraiya, District- Banka, presently working as Assistant Teacher in Primary School, Kharoundha Jotha, P.S. - Dhoraiya, District - Banka.

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... ... Petitioner/s

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Versus

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

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

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The Regional Deputy Director of Education, Bhagalpur.

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The District Education Officer, Banka.

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The District Program Officer (Establishment), Banka.

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... ... Respondent/s

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======================================================

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with Civil Writ Jurisdiction Case No. 4240 of 2023

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======================================================

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Madan Kumar S/o Late Shyam Lal Singh R/o- Panchgachiya, Naugachiya, Khairpurkadwa, P.S.- Naugachiya, District- Bhagalpur.

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Pravin Kumar Verma, S/o Late Ganesh Prasad Singh Resident of at and P.O.Baidpur, P.S.- Shambhuganj, District- Banka.

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Ramlal Ray, S/o Late Darbari Ray R/o- Chokar, Amarpur, P.O.- Salem, P.S.Amarpur, District- Banka.

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Ravi Ranjan Rishi, S/o Late Upendra Narayan Sinha R/o- Bahadurpur, Jharkhuria, Bahadurpur, Sabour, P.S.- Sabour, District- Bhagalpur.

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Punam Kumari, D/o Late Dhirendra Prasad Mandal, W/o Sanjeev Kumar R/o- Khan Kita, Sabour, P.S.- Sabour, District- Bhagalpur.

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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, Govt. of Bihar, Patna.

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

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The Regional Deputy Director of Education, Bhagalpur.

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The District Education Officer, Bhagalpur.

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The District Program Officer (Establishment), Bhagalpur.

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The District Education Officer, Banka.

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Patna High Court CWJC No.5092 of 2020(5) dt.09-01-2024 2/4

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The District Program Officer (Establishment), Banka.

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... ... Respondent/s

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======================================================

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with

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Civil Writ Jurisdiction Case No. 4362 of 2023

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======================================================

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1. Jai Kant Yadav S/o Late Uchit Lal Yadav, R/o Village - Meharpur, P.O. Chutia, District - Banka.

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1. Kaushal Kumar Sinha, S/o Late Srikant Prasad, R/o Village - Aliganj, P.O. Banka P.S. and District - Banka.

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Diwakar Pd. Singh S/o Late Satya Narayan Singh, R/o Village and P.O. - Jotha, P.S. - Dhoraiya, District - Banka.

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Arun Mandal, S/o Late Banarsi Mandal, R/o Village- Hartora, P.O. - Nawadabazar, P.S. - Rajaun, Dist. - Banka.

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Amrendra Kumar Singh, S/o Late Mahadeo Prasad Singh, R/o Village - Bhusia, P.S. - Rajaun, District - Banka.

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Pradeep Kumar Jha, S/o Late Arjun Jha 'Snehi' R/o Anand Colony, Banka, P.O. Banka, P.S. and Dist. - Banka.

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Sadashiv Kumar Singh, S/o Subodh Narayan Singh, R/o village - Lahoria, P.O. - Saadpur, P.S. - Dhoraiya, District - Banka.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.

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

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The District Education Officer, Banka.

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The District Program Officer (Establishment), Banka.

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... ... Respondent/s

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====================================================== with Civil Writ Jurisdiction Case No. 4595 of 2023 ====================================================== Alok Kumar S/o Ravindra Prasad Singh R/o Ward No.15, Babu Tola, Banka, P.O. and P.S. and District-Banka, Presently Posted as Assistant Teacher in Upgraded Middle School, Saijpur, Block and P.S. and District-Banka.

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... ... Petitioner/s Versus

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The State of Bihar Through the Additional Chief Secretary, Department of Education, Govt. of Bihar, Patna.

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The Director, primary Education Department, Govt. of Bihar, Patna. 3. The Regional Deputy Director of Education, Banka.

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The Distirct Education Officer, Banka.

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Patna High Court CWJC No.5092 of 2020(5) dt.09-01-2024 3/4

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The District Program Officer (Establishment), Banka.

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... ... Respondent/s

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===================== Appearance :	=================================
(In Civil Writ Jurisdiction Case	No. 5092 of 2020)
For the Petitioner/s :	Mr.Purushottam Kumar Jha
For the Respondent/s :	Mr.Prabhakar Jha (Gp27)
(In Civil Writ Jurisdiction Case	No. 4240 of 2023)
For the Petitioner/s :	Mr.Avanindra Kumar Jha
For the Respondent/s :	Mr.Subhash Chandra Mishra (Sc16)
(In Civil Writ Jurisdiction Case	No. 4362 of 2023)
For the Petitioner/s :	Mr.Purushottam Kumar Jha
For the Respondent/s :	Mr.Smt. Binita Singh (Sc28)
(In Civil Writ Jurisdiction Case	No. 4595 of 2023)
For the Petitioner/s :	Mr.Purushottam Kumar Jha
For the Respondent/s : =====================	Mr.Subhash Chandra Mishra (Sc16) =================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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5 09-01-2024 1. The petitioners have filed the present writ

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applications for a direction to the respondents nos. 4 & 5 to grant Matric Trained Scale Of pay to the petitioners from the date of completion of three (03) years of their initial appointment on the post of Assistant Teacher.

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Learned counsel for the petitioners submits that the

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case of the petitioners is fully covered by the judgment passed by a Co-ordinate Bench of this Court in Abdus Samad Vs The State of Bihar & Ors. in C.W.J.C. No. 7322 of 2017 dated 11.04.2018. Learned counsel next submits that the case of similarly situated Teachers has been decided in terms of Abdus Samad Case by an another Co-ordinate Bench of this Court in C.W.J.C. No. 10018 of 2019 by order dated 03.05.2019 and in compliance thereof the District Education Officer, Banka has

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Patna High Court CWJC No.5092 of 2020(5) dt.09-01-2024 4/4

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granted Matric Trained Scale Of Pay to similarly situated teachers vide order dated 08.06.2019.

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Learned counsel for the State submits that the present writ applications may be disposed of in terms of Abdus Samad Case.

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Having heard learned counsel for the parties and considering their submissions, these writ applications are disposed with liberty to the petitioners to approach the respondent no. 4 by filing representation within a period of two weeks, which shall be decided by the respondent no. 4 within a period of two months from the date of receipt of the representation. If it is found that the case of the petitioners is covered by the case of Abdus Samad, then similar benefit shall be granted to the petitioners.

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With the aforesaid observation and direction, these applications stand disposed of.

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(Anil Kumar Sinha, J)

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praful/-

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Alok Kumar v. The State of Bihar

Case brief

What is this about?

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Alok Kumar v. The State of Bihar

Case brief

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