Ashesh Kumar, v. The State of Bihar
Case brief
What is this about?
B.Ed. degree from Jammu & Kashmir universities; counting of teacher service from 12.04.2017 vs appointment letter; memo no. 894 dated 28.05.2019 quashed; consequential benefits seniority continuity grade pay increment arrears; notional benefits with actual financial benefits from date of appointment; Priyamvada vs State of Bihar CWJC No.9017 of 2021 decided 13.07.2022; Rama Shankar Patel vs. State of Bihar & Ors. 2019 (3) PLJR Full Bench; CWJC No. 7135 of 2013 order dated 22.4.2013 and 405 reserved seats; Bihar District Board and Bihar Municipal Bodies Secondary/Higher Secondary Teachers (Employment and Service Condition) Rules, 2006; Patna High Court CWJC No.21535 of 2019 (with CWJC Nos. 2099 of 2021, 5321 of 2022, 12490 of 2022).
What did the court decide?
Writ petition allowed; order dated 28.05.2019 quashed; State-respondents directed to provide all consequential benefits to the petitioners, who are entitled to be considered from the date when other similarly situated persons were appointed; benefits to be calculated notionally with actual financial benefits accruing from the date of their appointment.