IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3799 of 2009
DILENDRA SAH, SON OF SHRI KANAK LAL SAH, RESIDENT OF
TULSIYAHI, P.O. RAHUA, P.S. BIHRA, DISTRICT - SAHARSA.
............ PETITIONER.
Versus
1. THE STATE OF BIHAR.
2. THE SECRETARY, DEPARTMENT OF EDUCATION, GOVT. OF
BIHAR, NEW SECRETARIATE, PATNA.
3. THE DIRECTOR, DEPARTMENT OF PRIMARY EDUCATION, GOVT.
OF BIHAR, NEW SECRETARIATE, PATNA.
4. THE DISTRICT SUPERINTENDENT OF EDUCATION, SAHARSA.
........... RESPONDENTS.
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02/ 07.07.2011 Petitioner is working as an Assistant teacher
in Non-Govt. Middle School, Tulsiyahi, Block – Kahra
in the district of Saharsa. Giving reference to the order
passed in C.W.J.C. No. 5278 of 2004 counsel for the
petitioner prays that the case of this petitioner stands on
similar footing as Ravi Shankar, who was writ
petitioner in C.W.J.C. No. 5278 of 2004. This writ
application was disposed of analogous with several
other cases and the High Court disposed of all these
writ applications directing the State Govt. to constitute
a Committee, which will examine the cases of teachers
working in Non-Govt. Elementary Schools and thus
entitled for cost of living allowance as per the
government decision. The State of Bihar has decided to
2
grant cost of living allowance to the teachers of such
Non-governmental recognized schools in which
students have been imparted education up to Class VII.
The order regarding giving of cost of living allowance
to any Assistant teacher working in such schools can be
allowed only after scrutinizing their claim in the light
of the relevant provisions, rules, regulations and
circulars of the Govt. as well as considering the factual
aspect of the matter of this case.
Accordingly, this application is being
disposed of. The petitioner can also represent his case
before the same Committee, which has been constituted
by the State of Bihar in the light of the directions issued
by the High Court in C.W.J.C. No. 5278 of 2004 and
analogous cases. In case petitioner files his
representation before the Committee constituted for
this purpose, his case will also be considered in
accordance with the directions of the High Court as
well as observing the rules/regulations, circulars in this
regard.
DKS/ (Mridula Mishra, J. )