Disposed

Chandan Kumar v. The State of Bihar

Patna HC1 Feb 2024CWJC/4706/2023

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What is this about?

The High Court of Patna disposed of a writ petition seeking Matric Trained Scale for an Assistant teacher. Pending determination under the Abdus Samad judgment, the court directed the petitioner to file a representation with the District Programme Officer within three weeks.

What did the court decide?

Liberty to file a representation to the District Programme Officer within three weeks, to be decided within two months.

Chandan Kumar 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.4706 of 2023

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Chandan Kumar Son of Late Chit Narayan Yadav Resident of VillageBishanpur, Police Station- Pipra, District- Supaul.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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The Additional Chief Secretary, Education Department, Bihar, Patna.

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The Director, Primary Education, Bihar, Patna.

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The District Education Officer, Supaul.

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The District Programme Officer (Establishment), Supaul.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar, Adv. For the Respondent/s : Mr. Madhukar Mishra (SC16) ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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ORAL ORDER

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2 01-02-2024 Heard the parties.

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Learned counsel for the petitioner submits that the case of the petitioner is duly covered by the judgment passed by a Co-ordinate Bench of this Court in Abdus Samad v. The State of Bihar & Ors in CWJC No. 7322 of 2017 dated 11.04.2018.

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Learned counsel next submits that the other cases of similarly situated teachers have been decided in terms of Abdus Samad case by this Court in CWJC No. 5092 of 2020.

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The petitioner has filed the present writ petition for a direction to the Respondents to grant Matric Trained Scale to the petitioner from the date of completion of three years of his initial appointment on the post of Assistant Teacher.

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Patna High Court CWJC No.4706 of 2023(2) dt.01-02-2024 2/2

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Learned counsel for the State submits that in terms of Abdus Samad case, the petitioner may be directed to file a representation before District Programme Officer, Supaul.

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Having heard learned counsel for the parties and taking into consideration the submissions, the writ petition is disposed with liberty to the petitioner to approach the Respondent No.5/The District Programme Officer, Supaul by filing a representation within a period of three weeks, which shall be decided by Respondent No.5 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 petitioner is covered by the Abdus Samad, then similar benefits shall be granted to the petitioner.

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With the aforesaid observation and direction, the petition stands dispose of.

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(Anil Kumar Sinha, J)

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perwez

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Chandan Kumar v. The State of Bihar

Case brief

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Chandan Kumar v. The State of Bihar

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