Patna High Court - Orders
Dilip Kumar Jha vs The State Of Bihar & Ors on 16 July, 2012
Author: Navin Sinha
Bench: Navin Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11939 of 2012
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1. Dilip Kumar Jha S/O Late Brahmdeo Jha Resident Of Vilage- Dhabauli,
Police Station- Patarghat, District- Saharsa, At Present Assistant Teacher In
Project Girls High School, Singheshwar, Police Station=- Singheshwar,
District- Madhepura.
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary, Human Resources
Development Department, Government Of Bihar, Patna.
2. The Director, Secondary Education, Human Resources Development
Department, Govt. Of Bihar, Panta
3. The Regional Deputy Director Of Education, Koshi, Division, Saharsa.
4. The District Education Officer, Madhepura.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ram Sagar Singh
For the Respondent/s : Mr. Shyam Kishor Sharma Ga3
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CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA
ORAL ORDER
2 16-07-2012Heard learned Counsel for the petitioner and the State.
The claim in the writ application is to recognize the services of the petitioner to the Graduate Trained pay scale along with arrears of salary from the date of selection/takeover of the school as a Project School from 23.2.1995 or at least 1.1.1989. The office order dated 24.6.2008 granting recognition to his services pursuant to the recommendation of the three men committee may be directed to be modified accordingly.
Learned Counsel for the petitioner submits that the claims are covered by the orders of this Court in CWJC No. 8816 of 2008 and CWJC No. 8297 of 2012.
Counsel for the State has no objection to the disposal of the writ application in terms of the aforesaid orders of the Court. He however rightly submits that other questions of facts with regard to the applicability of the earlier orders to the petitioner may be left open for the respondents to Patna High Court CWJC No.11939 of 2012 (2) dt.16-07-2012 2 consider appropriately.
Upholding the submission on behalf of the respondents the Court directs that the representation of the petitioner dated 24.3.2012, seeking the aforesaid relief be disposed by a reasoned and speaking order. If the respondents be of the opinion that the petitioner was not entitled to any further relief that beyond already granted by order dated 24.6.2008, let such fresh and appropriate reasoned and speaking order be passed within a maximum period of three months from the date of receipt and/or presentation of a copy of this order before him.
Needless to state that if the respondents are satisfied that the petitioner is similarly situated they shall accord similar treatment to him also.
Liberty is granted to supplement the representation, if so advised.
The writ application stands disposed.
(Navin Sinha, J) Snkumar/-