Md. Serajuddin vs The State Of Bihar & Ors on 1 November, 2018

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Patna High Court - Orders

Md. Serajuddin vs The State Of Bihar & Ors on 1 November, 2018

Bench: Anil Kumar Upadhyay

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.11124 of 2014
                 ======================================================
                 Md. Serajuddin, son of Late Abdul Jalil, resident of village Saidpur Ganesh,
                 P.S. Bidupur, District Vaishali (Hajipur)

                                                                             ... ... Petitioner/s
                                                     Versus
            1.   The State of Bihar
            2.   The Principal Secretary, Education, Bihar, Patna
            3.   The Director, the Secondary Education, Bihar, Patna
            4.   The Regional Deputy Director of Education,Tirhut Division, Muzaffarpur
            5.   The District Education Officer, Sheohar
            6.   The District Programme Officer (Establishment), Sheohar
            7.   The Principal, Nabab High School, Sheohar cum Drawing & Disbursing
                 Officer, Sheohar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Madhukar Mishra
                 For the Respondent/s   :        Mr. Sarvesh Kumar Singh, AAG 13
                                                 Ms. Sunita Kumari, AC to AAG 13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
                                       ORAL ORDER

3   01-11-2018

Heard learned counsel for the petitioner and learned counsel appearing for the State.

Grievance of the petitioner in the instant writ petition is denial of Matric Trained scale to the petitioner notwithstanding the fact that similarly circumstanced other teachers having Fazil Degree have been considered and granted the benefit of the scale but in the case of the present petitioner the authorities have adopted different yardstick.

From perusal of paragraph-10 of the counter affidavit it appears that the respondents have raised objection that the petitioner should have approached the Hon'ble Court as quickly Patna High Court CWJC No.11124 of 2014(3) dt.01-11-2018 2/2 as possible and now after six years the petitioner has no right to challenge the said order.

The aforesaid stand of the State in maintaining dual standard is violative of Articles 14 and 16 of the Constitution of India and unjustified by any standard.

Considering the fact that other similarly circumstanced teachers are treated and paid Matric Trained scale on the strength of Fazil Degree the State is expected to act on uniform basis and extend similar treatment to the petitioner. Necessary corrective order granting Matric Trained scale to the petitioner on the line that similarly placed persons have been granted the benefit be passed by the respondents at the earliest, preferably within a period of four months from the date of receipt/production of a copy of this order. Needless to say that consequential monetary benefits must reach to the petitioner within the time frame indicated hereinabove.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) mrl./-

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Patna High Court - Orders