Disposed¶29

Santosh Kumar Singh v. The State of Bihar

Patna HC1 Jul 2024CWJC/5660/2021

Case brief

AI extract

What is this about?

Matric Trained Scale; Assistant Teacher; initial appointment three years; Siwan; representation before District Programme Officer (Establishment) Siwan; Abdus Samad v. The State of Bihar & Ors.; CWJC No.7322 of 2017 dated 11.04.2018; CWJC No.5092 of 2020; L.P.A. withdrawn; Review dismissed; High Court of Judicature at Patna; Anjani Kumar Sharan, J; writ petition disposed of; decided 01-07-2024.

What did the court decide?

Direction to petitioners to file a representation before respondent no.9 within four weeks, to be decided within ten weeks; if covered by the Abdus Samad case, similar benefits to be granted; writ petition disposed of with these observations and directions. ¶29

Santosh Kumar Singh 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 respondents should be directed 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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Court's answer

The petitioners are directed to approach respondent no.9 (District Programme Officer (Establishment), Siwan) by filing a representation within a period of four weeks, which respondent no.9 shall decide within ten weeks from receipt of the representation.

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Ratio / Principle

If the petitioners' case is found covered by the Abdus Samad case, then similar benefits shall be granted to the petitioners.

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Detailed headnote1 paragraphs

Writ petition (Civil Writ Jurisdiction Case No.5660 of 2021, High Court of Judicature at Patna) by two Assistant Teachers posted in Siwan district seeking a direction to grant Matric Trained Scale from the date of completion of three years of their initial appointment. Counsel relied on the co-ordinate bench judgment in Abdus Samad v. The State of Bihar & Ors. (CWJC No.7322 of 2017, dated 11.04.2018), noting that the State's L.P.A. against it was withdrawn and its Review application dismissed, and that similarly situated teachers' cases had been decided in terms of the Abdus Samad case in CWJC No.5092 of 2020. Anjani Kumar Sharan, J directed the petitioners to file a representation before respondent no.9, the District Programme Officer (Establishment), Siwan, within four weeks, to be decided within ten weeks of receipt, and held that if their case is found covered by the Abdus Samad case, similar benefits shall be granted. The writ petition was disposed of with these observations and directions. No statute was cited.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5660 of 2021

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Santosh Kumar Singh Son of Late Gautam Singh Resident of VillageHariharpur Khurd, Hariharpur Kalan, P.S.-Jamo Bazar, District-Siwan Presently Posted as Assistant Teacher, Government Primary School Bishambharpur, Block-Barhariya, P.S.-Jamo Bazar, District-Siwan.

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Vyas Kumar Singh Son of Late Ramayan Singh Resident of VillageHariharpur Kala, Near Road, P.O.-Hariharpur Kalan, P.S.-Jamo Bazar, District-Siwan Presently Posted as Assistant Teacher, Upgraded Middle School, Marachi, Block-Lakdi Nabiganj, District-Siwan.

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... ... Petitioner/s

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Versus

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

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The Chief Secretary, Government of Bihar, Patna.

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

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The Principal Secretary, Department of Finance, Government of Bihar, Patna.

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

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The District Magistrate, Siwan.

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The Regional Deputy Director of Education, Saran.

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The District Education Officer, Siwan.

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The District Programme Officer (Establishment), Siwan

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Jagjit Roshan, Adv. For the Respondent/s : Mr.Kameshwar Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 01-07-2024 Heard learned counsel for the petitioners and learned counsel for the State.

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At the outset, learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the judgment passed by the co-ordinate bench of this Court in

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Patna High Court CWJC No.5660 of 2021(3) dt.01-07-2024 2/3

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Abdus Samad v. The State of Bihar & Ors. in CWJC No.7322 of 2017 dated 11.04.2018. Learned counsel further submits that against the order passed in CWJC No.7322 of 2017, the State filed an L.P.A., which was withdrawn and Review application was also dismissed.

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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 petitioners from the date of completion of three years of their initial appointment on the post of Assistant Teacher.

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Learned counsel for the State submits that in terms of Abdus Samad case, the petitioners may be directed to file a representation before the District Programme Officer (Establishment), Siwan (respondent no.9).

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Having heard the parties, the petitioners are directed to approach the respondent no.9 by filing a representation within a period of four weeks, which shall be decided by the respondent no.9 within a period of ten weeks from the date of receipt of the representation.

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