Patna High Court
Yoga Nand Jha & Ors vs The State Of Bihar & Ors on 26 September, 2016
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8245 of 2013
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1. Yoga Nand Jha Son Of Late Shiva Nand Jha Resident Of Village - Sahbajpur,
P.S. Jogbani, District - Araria, General Secretary Of Bihar Arajkiya Prathamic
Shikshak Sangharsh Samittee, Presently Living At Kumar Stationers, Baldev
Bhawan Path, Mohanpur, Punaichak, P.S. Shastri Nagar, District - Patna
2. Ambica Prasad Sinha Son Of Late Yamuna Prasad Resident Of Village -
Sauwan, P.S. Chandi, District - Nalanda, Presently Vice President Of Samittee
3. Krishna Prasad Singh Son Of Late Faujdar Singh Resident Of Village -
Pandeypur, P.S. Bihta, District - Patna, Presently Pradesh Sangathan Mantri - Cum
- Pradesh Pravakta Of Samittee
4. Vindeshwar Singh Son Of Late Ramesh Chandra Singh Resident Of Village -
Mahinama ( Baraiya Tola ), P.S. Maner, District Patna At Present Joint Secretary
Of Samittee
5. Md. Siraj Khan Son Of Late Md. Manjoor Khan Resident Of Mohaalla - Dargah
Road, P.S. Sultanganj, District - Patna 6, At Present Respected Member Of The
Samittee
6. Ram Janam Sharma Son Of Ram Charitar Sharma Resident Of Village - Katari,
P.S. Rani Talab ( Bikram ), District - Patna, At Present Respected Member Of The
Samittee
.... .... Petitioner/s
Versus
1. The State Of Bihar Through Chief Secretary, Govt. Of Bihar, Old Secretariat,
Patna
2. The Principal Secretary Cum Commissioner, Human Resources Department,
New Secretariat, Patna
3. The Director Of Primary Education, Human Resources Department, New
Secretariat, Patna
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajesh Kumar,
For the State : Mr. Amish Kumar AC to AAG 8
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL JUDGMENT
Date: 26-09-2016 Heard learned counsel for the petitioners and learned counsel for the State.
After some argument, learned counsel for the petitioners submits that cases of the petitioners be considered with regard to Patna High Court CWJC No.8245 of 2013 dt.26-09-2016 2 payment of salary, cost of living allowance and other allowances since 5.4.1990 with interest and other consequential benefits by the competent authority. He further submits that theirs cases are covered by the judgment of this Court in the case of Ravi Shankar and others V. The State of Bihar and others, reported 2007(Supp) PLJR 337 and he says that they should be given the same benefit.
This Court is not giving any opinion on the merit of the case. This Court only directs the petitioners to file detailed representation before the authority concerned and if the authority concerned arrives to a conclusion that this case is covered by the aforesaid judgment and the petitioner is entitled to relief in that circumstance they should be given the same benefit. The authority concerned is directed to dispose of the representation within a period of four months from the date of filing of the representation.
With the aforesaid observation and direction this writ petition is disposed of.
Vinay/- (Shivaji Pandey, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 28.9.2016 Transmission NA Date