Disposed

Md. Shahbaz Alam v. The State of Bihar

Patna HC1 Jul 2024CWJC/6294/2021

Case brief

AI extract

What is this about?

In a writ petition seeking Matric Trained Scale, the Patna High Court, examining prior coordinate bench decisions, directed the petitioner to file a representation to the District Programme Officer to determine if he qualifies for the benefits granted to similarly situated teachers.

What did the court decide?

Directed the petitioner to file a representation before respondent No.9 within four weeks for a decision within ten weeks.

Md. Shahbaz Alam Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6294 of 2021

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Md. Shahbaz Alam Son of Late Md. Rafique Ansari Resident of VillageDahua, P.O.- Dahua, P.S.- Bounsi, District- Banka. Presently posted as Assistant Teacher, Middle School, Kairi, Block- Bounsi, P.S.- Bounsi, DistrictBanka.

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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. 2. 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. 6. The District Magistrate, Banka. 7. The Regional Deputy Director of Education, Bhagalpur. 8. The District Education Officer, Banka.

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The District Programme Officer (Establishment), Banka.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Jagjit Roshan For the Respondent/s : Mr.Subhash Chandra Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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

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At the outset, learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the judgment passed by the 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. Learned counsel further submits that

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Patna High Court CWJC No.6294 of 2021(3) dt.01-07-2024 2/3

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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 petitioner from the date of completion of three years of his 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 petitioner may be directed to file a representation before the District Programme Officer (Establishment), Banka (respondent no.9).

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Having heard the parties, the petitioner is 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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If it is found that the case of the petitioner is covered by the Abdus Samad case, then similar benefits shall be granted to the petitioner.

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Patna High Court CWJC No.6294 of 2021(3) dt.01-07-2024 3/3

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With the aforesaid observation and direction, the present

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writ petition stands disposed of.

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(Anjani Kumar Sharan, J)

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pallavi/-

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Md. Shahbaz Alam v. The State of Bihar

Case brief

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Md. Shahbaz Alam v. The State of Bihar

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