Chhathu Singh vs State of Bihar

Harish Kumar, J

Heard the parties.

A batch of 113 Assistant Teachers have approached this Court seeking following reliefs:

"(I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to grant the basic salary to the petitioners at least equivalent to the juniors to them, in view of the sub- paragraph no.(iii) of paragraph no.7 of the order contained in memo no.1816 dated 12.11.2021 issued under the signature of the Respondent no.4 by which a direction was in pay-fixation in the issued that mentioned in the order that if matrix the basic salary of teacher/ librarian will be fixed less than their juniors then his basic salary will be fixed equivalent to the basis salary of junior teacher on the ground that the petitioners were appointed as Trained Block/Panchayat/ Municipal (Nagar) Teacher in the year 2006/2007 but their basic salary were fixed less than the teachers, who were appointed as untrained teacher prior to the appointment of the petitioners and they became trained after their appointment later on but much after the appointment of the present petitioners and admittedly the petitioners are senior than them.

(II) For issuance of an appropriate writ in the nature of MANDAMUS,commanding and directing the Respondent Authorities to calculate and pay the differences of arrears of salary of the petitioners equivalent to the basic salary of their juniors since the date of entitlement of the petitioners with interest.

(III) For issuance of any other appropriate writ/writs, order /orders, direction/directions for which the writ petitioners would be found entitled under the facts and circumstances of the case."

After some argument, Mr. Vijay Kumar Singh, learned Advocate for the petitioners fairly submitted that for redressal of the grievances, as raised hereinabove, the petitioners have filed a detailed representation before the Director, Primary Education, Government of Bihar on 15.07.2022, the copy of which has also been marked as Annexure-P/7. However, till date, their claims have not been considered, in accordance with law.

Learned Advocate for the State submitted that though a counter affidavit has been filed on behalf of the respondent no. 6, narrating the entire facts. However, if the petitioners have already approached before the concerned authority, their claims shall be considered in accordance with law and disposed off accordingly.

Having considered the limited grievance of the petitioners and taking note of the fact that the petitioners have already approached before the competent authority by filing a representation, as contained in Annexure-P/7, the present writ petition stands disposed off with a direction to the respondent no. 3 to take up the representation of the petitioners and bring to its logical conclusion by a reasoned and speaking order, preferably within a period of eight weeks, from the date of receipt/production of a copy of this order, with the consequential order, if claim of the petitioners find favour.

The writ petition stands disposed off.