IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.12047 of 2011 1.Md. Abu Rehan, S/o Late Md. Mohiuddin resident of Vill/Mohalla Khagra, Ward No. 23 P.S. + Dist. Kishanganj at present posted as Assistant Teacher, Primary School, Daula, P.S. + Dist. Kishanganj. 2.Nuzahat Banu, W/o Matiurahaman resident of Rahman Colony, Panchim Pali, P.S. + Dist. Kishanganj at present posted as Assistant Teacher in Upgraded Middle School, Phulwari, P.S. + Dist. Kishanganj. 3.Nurual Huda Rizvi, S/o Late Sarafat Hussain resident of Voll/Mohalla Khankah Road, Ruidhansa, P.S. + Dist. Kishanganj at present posted as Headmaster in Primary School, Nuniya Toli, P.S. + Dist. Kishanganj. 4.Shiv Shankar Roy, S/o Madhusudan Roy resident of Vill/Mohalla Line Pada, Ward No. 17, P.S. + Dist. Kishanganj, at present posted as Assistant Teacher, in Primary School, Nuniya Toli, P.S. + Dist. Kishanganj. 5.Md. Mansoor Alam, S/o Late Dabirul Hasan resident of Village/Mohalla Khankah Chowk, Line, Ward No. 16, P.S. + Dist. Kishanganj at present posted as Assistant Teacher MS, Chaklaghat, P.S. + Dist. Kishanganj. 6.Abdul Mazid S/o Late Makbul Hussain, resident of Vill/Mohalla Khankah Chowk, Line, P.S. + Dist. Kishanganj at present posted as Headmaster, Middle School, Chaklaghat, P.S. + Dist. Kishanganj. 7.Bhavesh Mohan Sinha, S/o Late Bipin Mohan Jha resident of Vill/Mohalla Millanpali, P.S. + Dist. Kishanganj, Ward No. 02 at present posted as Assistant Teacher in Middle School, Chaklaghat, P.S. + Dist. Kishanganj 8.Md. Arif S/o Late Matiurahaman resident of Vill/Mohall Sarsayed Nagar, Ward No. 02 at present posted as Assistant Teacher in Middle School, Chaklaghat, P.S. + Dist. Kishanganj. 9.Rubi Khatoon, D/o Late Minatullah, resident of At- Churipatti Road, P.S. + Dist. Kishanganj, at present posted as Assistant Teacher in Middle School, Chaklaghat, P.S. + Dist. Kishanganj. 10.Md. Alam, S/o Maulana Ayub, resident of Vill/Mohalla Line, P.S. + Dist. Kishanganj, at present posted as Assistant Teacher in Middle School, Mahingaon, P.S. + Dist. Kishanganj. 11.Md. Absar Ahmad, S/o Late Bahruddin resident of Vill/Mohalla Line, P.S. + Dist. Kishanganj, Ward No. 16 at present posted as Assistant Teacher in Middle School, Simalbari, P.S. + Dist. Kishanganj. 12.Shaukatullah, S/o Late Bahar Ali, resident of Vill/Mohalla Khankah Chowk, Line, Ward No. 16, P.S. + Dist. Kishanganj, at present posted as Headmaster in 2 Primary School Marua Toli, P.S. + Dist. Kishanganj. 13.Md. Pravez Alam, S/o Md. Basiruddin, resident of Vill/Mohalla Salam Colony, Mohuddinpur, P.S. + Dist. Kishanganj, at present posted as Assistant Teacher in Primary School Marua Toli, P.S. + Dist. Kishanganj. 14.Muzaffar Hussain, S/o Late Makbul Hussain, resident of Vill/Mohalla Khagra Ward No. 23, , P.S. + Dist. Kishanganj, at present posted as Assistant Teacher in Primary School Marua Toli, P.S. + Dist. Kishanganj. 15.Siyanand Paswan, S/o Sri Badri Paswan, , resident of Vill/Mohalla Kajlamani, Milan, Pakki Road, P.S. + Dist. Kishanganj, at present posted as Assistant Teacher in Primary School, Belwa Kashibari, P.S. + Dist. Kishanganj. 16.Abdul Razzak, S/o Late Asabuddin, resident of Vill/Mohalla Mouddinpur, Ward No. 3, , P.S. + Dist. Kishanganj, at present posted as Assistant Teacher in Upgrade Middle School, Mohanmari, Anchal Kochadhaman, P.S. + Dist. Kishanganj. 17.Md. Nayeem Akhatar, S/o Abdul hasnat, resident of Vill/Mohalla Near National High School, Ward No. 17, P.S. + Dist. Kishanganj, at present posted as Assistant Teacher in Middle School, Mohanmari, Anchal Kochadhaman, P.S. + Dist. Kishanganj. 18.Md. Anishsur Rahman, S/o Late Abdul Mazid, resident of Vill/Mohalla Belar Masjid, Ward No. 2, P.S. + Dist. Kishanganj, at present posted as Assistant Teacher, Middle School, Mohanmari, Anchal Kochadhaman, P.S. + Dist. Kishanganj. 19.Md. Sultan, S/o Late Bahar Ali, resident of Vill/Mohalla Sursuyar Nagar, Kajlamani, P.S. + Dist. Kishanganj, Ward No. 2, at present posted as Headmaster, Middle School, Mohanmari, Anchal Kochadhaman, P.S. + Dist. Kishanganj. 20.Noor Alam, S/o Md. Yunus, resident of Vill/Mohalla National School Road, Ward No. 17, P.S. + Dist. Kishanganj, at present posted as Assistant Teacher, Middle School, Mohanmari, Anchal Kochadhaman, P.S. + Dist. Kishanganj. 21.Md. Islameeddin, S/o Late Kalimuddin, resident of Vill/Mohalla Dasadhpatti, P.S. + Dist. Kishanganj, at present posted as Assistant Teacher, Upgrade Middle School, Bagalbari, Anchal Kochadhaman, P.S. + Dist. Kishanganj. 22.Ganga Prasad Singh, S/o Late Motilal Singh, resident of Vill/Mohalla Dusadhpatti, P.S. + Dist. Kishanganj, at present posted as Headmaster, Upgrade Middle School, Bagalbari, Anchal Kochadhaman, P.S. + Dist. Kishanganj. 23.Md. Sahid Hussain, S/o Late Hazi Samsuddin, resident of Vill/Mohalla Churipatti, P.S. + Dist. Kishanganj, at present posted as Assistant Teacher, Middle School, Belwa Kashibari, Anchal Kochadhaman, P.S. + Dist. Kishanganj. 24.Vikash Kr. Saha, S/o Jay Chand Saha, resident of Vill/Mohalla Line Para, P.S. + Dist. Kishanganj, at present 3 posted as Headmaster, Middle School, Lahra Phulwari, P.S. + Dist. Kishanganj. 25.Nagendra Prasad Yadav, S/o Late Fuskar Lal Yadav resident of Vill/Mohalla Dilawarganj, P.S. + Dist. Kishanganj, at present posted as Headmaster, Primary School, Dheksara, P.S. + Dist. Kishanganj. 26.Md. Abu Farman, S/o Late Md. Mohiuddin, resident of Vill/Mohalla Kajlamani, Ward No. 18, P.S. + Dist. Kishanganj, at present posted as Assistant Teacher, Primary School, Lahraphulwari, P.S. + Dist. Kishanganj. 27.Kusheshwar Paswan, S/o Late Fahin Paswan, resident of Vill/Mohalla Faringora More, Ward No. 6, P.S. + Dist. Kishanganj, at present posted as Headmaster, Upgrade Middle School, Satkhamhar, P.S. + Dist. Kishanganj. 28.Harakchand Basak, S/o Kali Prasad Basak, resident of Vill/Mohalla Ruidhansa, P.S. + Dist. Kishanganj, at present posted as Assistant Teacher, Upgrade Middle School, Satkhamhar, P.S. + Dist. Kishanganj. 29.Umeshwar Sen, S/o late Yadu Nandan Sen resident of Vill/Mohalla Faringora More, Ward No. 6, P.S. + Dist. Kishanganj, at present posted as Assistant Teacher, Upgrade Middle School, Satkhamhar, P.S. + Dist. Kishanganj. 30.Binod Lal Mochi, S/o Laxman Lal Mochi resident of Vill/Mohalla Kajlamani Road, Ward No. 18, P.S. + Dist. Kishanganj, at present posted as Headmaster, Primary School, Belwa Kashibari, Phulwari Basantpur, P.S. + Dist. Kishanganj. 31. Shushil Kumar Roy, S/o late Tirtha Nath Roy resident of Village/Mohalla-RRuidhansa, Ward No. 24, P.S. +District- Kishanganj at present posted as Assistant Teacher, Primary School, Phulwari Basantpur, P.S.+District-Kishanganj. 32. Ainul Haque, S/o Late Akbar Ali, resident of village/Mohalla-Mohiuddinpur, P.S.+District-Kishanganj at present posted as Headmaster, Middle School, Mahongaon P.S.+District-Kishanganj 33. Bijay Kumar Singh, S/o Late Jay Prakash Singh resident of Vill/Mohalla-Dumaria, P.S.+District-Kishanganj at present posted as Headmaster, Middle School, Daula, P.S.+District-Kishanganj. 34. Umakant Yadav, S/o late Sunder lal Yadav, resident of Vill/Mohalla-Khagra Nawabbagh P.S.+District-Kishanganj at present posted as Assistant Teacher, Primary School, Daula, P.S.+District-Kishanganj. 35.Ravi Ratan Sinha, S/o Late Amulya Ratan Sinha resident of Vill/Mohalla-Milanpalli, Ward No. 2, P.S.+District- Kishanganj at present posted as Assistant Teacher, Upgrade Middle School, Samda, P.S.+District-Kishanganj. 36. Umesh Prasad yadav, S/o Late Nageshwar Pd. Yadav, resident of Vill/Mohalla- Halim Chowk Khagra, P.S.+District-Kishanganj at present posted as Assistant 4 Teacher, Middle School, Daula, P.S.+District-Kishanganj. 37. Sunil Kumar Dutta, S/o Late Shanker Pd. Dutta, resident of Vill/Mohalla-Line Mohalla, Wade No. 17, P.S.+District-Kishanganj at present posted as Assistant Teacher, Upgrade Middle School, Daula, P.S.+District- Kishanganj. 38. Manik Kumar Das, Late Ajit Kumar Das resident of Vill/Mohalla- Ruidhansa, Ward No. 23, P.S.+District- Kishanganj at present posted as Assistant Teacher, Upgrade Middle School, Daula, P.S.+District-Kishanganj. 39. Surendra Kumar Das, S/o Late Basant Kumar Das, resident of Vill/Mohalla-Uttarpali, Ward No.-01, P.S.+District-Kishanganj at present posted as Headmaster, Middle School, Salki, P.S.+District-Kishanganj. 40. Juber Alam, S/o Late Dr. Salim Sarwar, resident of Vill/Mohalla-New Colony, Kajlamani, Ward No. 02, P.S.+District-Kishanganj at present posted as Assistant Teacher, Middle School, Salki, P.S.+District-Kishanganj. 41. Nasad Akhathar Azad, S/o Mahafoozur Rahaman resident of Vill/Mohalla- Sursayed Nagar, Ward No. -02, P.S.+District-Kishanganj at present posted as Assistant Teacher, Middle School, Salki, P.S.+District-Kishanganj. 42. Md. Iftakhar, S/o Late Abdul Quiyam, resident of Vill/Mohalla- Loharpatti, Ward No. 05, P.S.+District- Kishanganj at present posted as Headmaster, Primary School, Bairgachi, P.S.+District-Kishanganj. 43. Arjun Prasad Das, S/o Surya Prasad Das resident of Vill/Mohalla-Dharamganj, Ward no.-11, Near Diary, P.S.+District-Kishanganj at present posted as Assistant Teacher, Primary School, Bairgachi, P.S.+District- Kishanganj. 44. Mojibur Rahaman, S/o late Aminuddin, resident of Vill/Mohalla- Pachim Pali, Ward No. 01, P.S.+District- Kishanganj at present posted as Headmaster, Primary School, Kulhamani, P.S.+District-Kishanganj. 45. Md. Nigar Alam, S/o Md. Yunus resident of Vill/Mohalla- Ruidhansa, Ward No. 23, P.S.+District-Kishanganj at present posted as Assistant Teacher, Middle School, Chaklaghat, P.S.+District-Kishanganj. 46. Shoyeb Alam Bagi, S/o Late Abdul Hafiz resident of Vill/Mohalla-Loharpatti, Ward No. 05, P.S.+District- Kishanganj at present posted as Assistant Teacher, Primary School, Dheksara, P.S.+District-Kishanganj. 47. Amarnath Jha, S/o Late Umakant Jha, resident of Vill/Mohalla- Subhaspalli Chowk, Ward No. 13, P.S.+District-Kishanganj at present posted as Headmaster Upgrade Middle School, Gachhpada, P.S.+District- Kishanganj. 48.Pankaj Kumar Sinha, S/O Laxmi Narayan Sinha resident of Vill/Mohalla- Line Mohalla, Ward No. 17 P.S.+ District- 5 Kishanganj at present posted as Assistant Teacher, Upgrade Middle School, Gachhpada, P.S.+ District- Kishanganj. 49. Mofizur Rahaman, S/O Wahidur Rahaman resident of Village/Mohalla- Ekbal Colony, Ward No. 01 P.S.+ District- Kishanganj at present posted as Assistant Teacher, upgrade Middle School, Gachhpada, P.S.+ District- Kishanjanj. 50. Digbijay Singh, S/O Late Hirday Singh, resident of Village/Mohalla-Dumaria Bhatta, Ward No. 29 P.S.+District- Kishanganj at present posted as Headmaster, Middle School, Teosa, P.S.+District-Kishanganj. 51. Sahat Lal Singh, S/o Budh Lal Singh, resident of Vill/Mihalla- Line Mohalla, Ward No. 17, P.S.+District- Kishanganj at present posted as Headmaster, Middle School, Simalwari, P.S.+District-Kishanganj 52.Surya Narayan Mandal, S/o Late Baleshwar Mandal resident of Vill/Mihalla- Adarsh Nagar, Motibagh, Ward No. 7, P.S.+District-Kishanganj at present posted as Headmaster, Primary School, Kolha, P.S.+District- Kishanganj 53. Shahmina Khatoon W/o Late Md. Jahid, resident of Vill/Mihalla- Ekbal Colony, P.S.+District-Kishanganj at present posted as Headmistress, primary School, Maheshbatna, P.S.+District-Kishanganj 54. Ram Bilash Roy, S/o Late Chaitu lal Roy resident of Vill/Mihalla- Khagra, Gate No. 03, Ward No. 22, P.S.+District-Kishanganj at present posted as Headmaster, Upgrade Middle School,Manjhok, P.S.+District-Kishanganj 55. Akhil Kumar Sharma, S/o late Yogendra Sharma, resident of Vill/Mihalla-Ruidhansa, P.S.+District-Kishanganj at present posted as Assistant Teacher, Middle School, Mahingaon, P.S.+District-Kishanganj 56. Md. Nasim Anwar, S/o Late Moinuddin, resident of Vill/Mihalla- Sursayed Nagar, Ward No. 2, P.S.+District- Kishanganj at present posted as Headmaster, Primary School, Bheriya Dangi, P.S.+District-Kishanganj 57. Rehan Ahmad S/o Late Rizwan Ahmad resident of Vill/Mihalla- Sursayed Colony, Ward No. 02, P.S.+District- Kishanganj at present posted as Headmaster, Middle School, Simalwari, P.S.+District-Kishanganj 58. Dinanath Jha, S/o Late Kalanand Jha, resident of Vill/Mihalla- Motibagh, Ward No. 7, P.S.+District- Kishanganj at present posted as Headmaster in Upgraded Middle School, Phulwari, P.S.+District-Kishanganj 59. Sadanand Ram, Late Jitan Ram, resident of Vill/Mihalla- Ruidhansa, Ward No. 24, P.S.+District-Kishanganj at present posted as Assistant Teacher, Upgrade Middle School, Salki, P.S.+District-Kishanganj 60. Bishwanath Barnwal, Son of Late Dillu Lal Barnwal, resident of Vill/Mihalla- Milan Palli, Ward No. 18, P.S.+District-Kishanganj at present posted as Assistant 6 Teacher, M.S. Middle School, Daula, P.S.+District- Kishanganj Versus 1. The State Of Bihar 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 3. The District Magistrate, Kishanganj, District-Kishanganj 4. The Deputy Development Commissioner, Kishanganj, District-Kishanganj 5. The District Superintendent of Education, , Kishanganj, District-Kishanganj 6. The Treasury Officer, , Kishanganj, District-Kishanganj 7. The Block Education Extension Officer, , Kishanganj, P.S. +District-Kishanganj 8. The Head Master cum Drawing and Disbursing Officer, Line Urdu Madhya Vidayala, Kishanganj, P.S.+ Dist.- Kishanganj. ----------------- 2. 27.07.2011 Heard learned counsel for the petitioners as well as learned counsel for the State. The grievance of the petitioners are that inspite of there being a provision in the Bihar State Employees (House Rent Allowance) Rule, 1980 (hereinafter referred to as the ‘Rule’) they are not being paid the House Rent Allowance and City Compensatory Allowance from 2010, whereas earlier the same was being paid to them. Learned counsel for the petitioners submits that there is no legal hurdle or justification for not making such payment. In view of the aforesaid this Court directs the respondent no. 4 to look into the matter and if it is found that the petitioners are covered by the provision of the 7 said Rule (Supra), the House Rent Allowance and City Compensatory Allowance should be paid to them within two months from the date of receipt/production of a copy of this order upon the said respondent. With the aforementioned observations and directions the writ petition stands disposed off. Anand Kr. ( Ahsanuddin Amanullah, J.)