Jitendra Prasad Singh vs The State Of Bihar & Ors on 24 June, 2011

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CWJC No.1008 of 2009
JITENDRA PRASAD SINGH, SON OF DUNIYA SINGH, RESIDENT OF VILLAGE AND
P.O.- ANGIAON BAZAR, P.S. PIROO, DISTRICT - BHOJPUR, AT PRESENT RESIDING AT
VILLAGE - AKAUNA, PO. AND P.S. PUNPUN, DISTRICT - PATNA.
                                                .......... PETITIONER.
                                     Versus
   1. THE STATE OF BIHAR.
   2. THE SECRETARY, DEPARTMENT OF EDUCATION BIHAR, NEW SECRETARIAT,
       PATNA.
   3. THE DIRECTOR, DEPARTMENT OF PRIMARY EDUCATION BIHAR, NEW
       SECRETARIAT, PATNA.
   4. THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA COLLECTORATE
       COMPOUND, PATNA.                          ........... RESPONDENTS.
                                    -----------

02/ 24.06.2011 Petitioner is working as Peon in the Non-

government Devendra Madhya Vidyalaya, Yarpur,

Patna since 4.12.1992. School in question is a Non-

government recognized school. Petitioner’s prayer is for

making payment of salary/cost of living allowance and

other allowances to the petitioner since 4.12.1992, in

the light of the policy decision of the Govt. of Bihar to

make payment of cost of living allowance to teachers

working in such non-government recognized Primary

and Middle School, where free education is being

imparted to the students up to Class VI. Similar matter

came for considering before this Court in C.W.J.C. Nos.

5278, 5361, 5599 of 2007 and analogous cases. The

writ applications were disposed of giving direction to

the State Govt. for constituting Committee of Three
2

Officers of the rank of Deputy Secretary/Deputy

Director, Human Resources Development Department

in order to enquire whether right persons are claiming

such benefits. The Committee was directed to conduct

an enquiry giving proper opportunity to the petitioners

by issuing public notice and the Committee was

directed to examine and scrutinize the case in the light

of the relevant provisions, rules, regulations, circulars,

examine the file of each case, in case it is found that the

petitioners are entitled for the same, it should be granted

to them.

Counsel for the petitioner submits that the

Committee is still existing and functioning.

Considering this fact, this application is

disposed of, giving liberty to the petitioner to represent

his case before the same Committee, which will

examine the claim of the petitioner and pass necessary

orders as per the direction in C.W.J.C. No. 5278 and

analogous cases within six months from the date of

production/communication of this order.

DKS/                      (Mridula Mishra, J.)