IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13674 of 2009 1. RANJIT KUMAR S/O SHRI DEO KRISHNA SINGH ASSISTNAT TEACHER, PRIMARY SCHOOL, SADALLICHAK, BLOCK-SAMPATCHAK, DISTT- PATNA 2. RAJ KISHORE SAH S/O SHRI SHREE KRISNHA SAO ASSISTANT TEACHER, PRIMARY SCHOOL, BELWARA, MUSAHARI, BLOCK- SAMPATCHAK, DISTT- PATNA 3. AJAY KUMAR SINHA S/O SRI SAKALDEO SINHA ASSISTANT TEACHER, PRIMARY SCHOOL, BHELWARA MUSAHARI, BLOCK- SAMPATCHAK, DISTT- PATNA 4. ALOK KRISHNA S/O LATE MURARI KRISHNA VERMA ASSISTANT TEACHER, UPGRADED MIDDLE SCHOOL BHELWARA, BLOCK- SAMPATCHAK, DISTT- PATNA 5. BINAY KUMAR CHOUDHARY S/O SHRI RAN NANDAN CHAUDHARY ASSISTNAT TEACHER, PRIMARY SCHOOL, BAIRIYA, BLOCK-SAMPATCHAK, DISTT- PATNA 6. ARUN KUMAR SINHA S/O LATE RAMESH LAL SINGH ASSISTANT TEACHER, PRIMARY SCHOOL, LAXMICHAK, BLOCK-SAMPATCHAK, DISTT- PATNA 7. ARVIND KUMAR S/O SHRI SHREE PANDIT ASSISTNAT TEACHER, PRIMARY SCHOOL, LAXMICHAK, BLOCK- SAMPATCHAK, DISTT- PATNA 8. ARUN RAJAK S/O SRI JODINLAL RAJAK ASSISTANT TEACHER, PRIMARY SCHOOL BHELWARA-CHAMARTOLI, BLOCK- SAMPATCHAK, DISTT- PATNA 9. PANKAJ KUMAR S/O LATE PRAYELAL SINGH ASSISTANT TEACHER, PRIMARY SCHOOL, BHELWARA CHAMARTOLI, BLOCK- SAMPATCHAK, DISTT- PATNA 10. NAWAL KISHORE PRABHAT S/O SRI BIDYA SAGAR PRASAD ASSISTANT TEACHER, PRIMARY SCHOOL, BAIRIYA (HARIJAN), BLOCK- SAMPATCHAK, DISTT- PATNA 11. MUKESH PRASAD S/O LATE RAM NARESH PRASAD ASSISTANT TEACHER, PRIMARY SCHOOL, BAIRIYA (HARIJAN), BLOCK- SAMPATCHAK, DISTT- PATNA 12. SANJAY KUMAR KESHARI S/O SRI HIRALAL KESHARI ASSISTNAT TEACHER, PRIMARY SCHOOL HANDI MUSAHARI, BLOCK- SAMPATCHAK, DISTT- PATNA 13. MANISH KUMAR S/O LATE BIJAY KUMAR CHITRAKAR ASSISTANT TEACHER, PRIMARY SCHOOL, KUSHPAR (HARIJAN TOLA), BLOCK- SAMPATCHAK, DISTT- PATNA 14. NAVNEET KUMAR S/O LATE SREEKANT PRASAD ASSISTNAT TEACHER, PRIMARY SCHOOL KUSHPAR HARIJAN TOLA, BLOCK- SAMPATCHAK, DISTT- PATNA …………PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 3. DEPUTY DEVELOPMENT COMMISSIONER PATNA, DISTT- PATNA 4. DISTRICT SUPERINTENDENT OF EDUCATION PATNA COLLECTORATE COMPOUND, DISTT- PATNA 5. BLOCK EDUCATION EXTENSION OFFICER SAMPATCHAK, PARSA, DISTT- PATNA 6. DRAWING AND DISBURSING OFFICER MIDDLE SCHOOL, SAMPATCHAK, 2 DISTT- PATNA ………RESPONDENTS. with CWJC No.18162 of 2009 1. PRAMOD KUMAR S/O SRI DWARIKA PD. C/O RAMBHAJU SINGH, R/O MOHALLA- KUSUM PALACE, RUPASPUR, P.S.- RUPASPUR, DISTT.- PATNA 2. CHOTE LAL PRASAD SAHU S/O SRI MUNDRIKA PRASAD C/O SRI SHIVPUJAN PRASAD, R/O MOHALLA- NALKUP ROAD NO. 2, SHEKHPURA, P.S.- SHASTRI NAGAR, DISTT.- PATNA 3. BIRENDRA PRASAD S/O LATE RAM DAYAL SHARMA C/O SRI RAJENDRA PRASAD, R/O MOHALLA- CHITRAGUPTA NAGAR, P.S.- KANKARBAGH, DISTT.- PATNA 4. RAVIKANT PRASAD S/O LATE HIRA DAS VILL.- PANDARAK, P.S.- PANDARAK, DISTT.- PATNA 5. RAMAYAN SINGH S/O RAKDU SINGH MOHALLA- JUDGES COLONY, RAGHUNATH PATHA, P.S.- DANAPUR, DISTT.- PATNA 6. KRISHNA DEO YADAV S/O LATE BAIJNATH YADAV R/O VILL.- SIKHARI CHAK, P.S.- MOKAMA, DISTT.- PATNA ……….PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 4. DY. DEVELOPMENT COMMISSIONER, PATNA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA 6. THE BLOCK EDUCATION EXTENSION OFFICER, DANAPUR, PATNA ………..RESPONDENTS. with CWJC No.15329 of 2009 1. SANJAY KUMAR S/O SRI RAJENDRA PRASAD POSTED AS ASISTATN TEACHER AT UPGRADED MIDDLE SCHOOL , KHAPARAILCHAK , BLOCK PHULWARI SHARIF , P.S. PARSA BAZAR, DISTT- PATNA 2. RAM RATAN SINHA S/O LATE MUKUND MISTRY POSTED AS ASISTANT TEACHER AT UPGRADED MIDDLE SCHOOL , KHAPRAILCHAK , BLOCK PHULWARISHARIF, P.S. PARSA BAZAR, DISTT- PATNA 3. RAKESH KUMAR S/O SRI BABAN RAM POSTED AS ASISTANT TEACHER AT PRIMARY SCHOOL , MADHOPUR, BLOCK PHULWARI SHARIF , P.S. JANIPUR, DISTT- PATNA 4. VIDYA SHANKAR PRASAD S/O SHRI CHHOTELAL THAKUR POSTED WAS POSTED AT ADHUNIK SHISHU MIDDLE SCHOOL , KHAGAUL, BLOCK &P.S. KHAGAUL(DANAPUR-2), DISTT- PATNA AT PRESENT POSTED AS ASISTANT TEACHER AT GOVT. MIDDLE SCHOOL CHILVILLI, BLOCK PHULWAR, P.S. BEUR, DISTT- PATNA 5. NAVIN KUMAR S/O SHRI RAMANUJ PRASAD POSTED AS ASISTANT TEACHER AT GOVT. MIDDLE SCHOOL , CHILVILLI , BLOCK PHULWARI - SHARIF , P.S. BEUR, DISTT- PATNA 3 6. KUMARI MADHURI SINHA W/O UMESH PRASAD POSTED AS ASISTANT TEACHER AT ADHUNIK SHISHU MIDDLE SCHOOL , KHAGAUL, BLOCK DANAPUR, P.S. KHAGAUL, DISTT- PATNA 7. SANJAY KUMAR S/O LATE MAHESHWAR PRASAD POSTED AS ASISTANT TEACHER AT PRIMARY SCHOOL , DHARAYCHAK , BLOCK PHULWARISHARIF, P.S. JANIPUR, DISTT- PATNA 8. SHEO KUMAR ARYA S/O SHRI KEDAR SAH POSTED AS ASISTANT TEACHER AT PRIMARY SCHOOL ,SHORAMPUR, JHUGGI JHOPARI, BLOCK PHULWARISHARIF , P.S. JANIPUR, DISTT- PATNA 9. KRISHNA NANDAN PRASAD S/O RADHE SHYAM PRASAD POSTED AS ASISTANT TEACHER AT PRIMARY SCHOOL DHARAYCHAK, BLOCK & P.S. PHULWARISHARIF, JANIPUR, DISTT- PATNA ………PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY- CUM- COMMISSIONER DEPARTMENT OF EDUCATION GOVT. OF BIHAR , PATNA 3. THE DIRECTOR PRIMARY & SECONDARY EDUCATION GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE PATNA 5. THE DEPUTY DEVELOPMENT COMMISSIONER PATNA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION PATNA 7. THE AREA OFFICER OF EDUCATION PATNA (SADAR) 8. THE BLOCK EDUCATION EXTENSION OFFICER DANAPUR 9. THE DRAWING DISBURSHING OFFICER OF MIDDLE SCHOOL PHULWARSHARIF 10. THE DRAWING DISBURSHING OFFICER DANAPUR ……..RESPONDENTS. with CWJC No.709 of 2010 1. CHANDRA BHUSHAN S/O SRI RABINDRA PRASAD MANDAL ASSISTANT TEACHER, PRIMARY SCHOOL , AZIMCHAK,JHUGI JHOPRI, P.S.&BLOCK SAMPATCHAK,DISTT-PATNA 2. BHUSHAN KUMAR S/O SRI BINDESHWARI PRASAD ASSISTANT TEACHER, PRIMARY SCHOOL , AZIMCHAK,JHUGI JHOPRI, P.S.&BLOCK SAMPATCHAK,DISTT-PATNA 3. SANJEEV KUMAR S/O SRI BHAGWAT PRASAD ASSISTANT TEACHER , PRIMARY SCHOOL, KHAIRA TOLI, P.S.& BLOCK SAMPAT CHAK,DISTT- PATNA 4. SHYAM PRASAD S/O SRI SIYA SHARAN PRASAD SINGH ASSISTANT TEACHER , PRIMARY SCHOOL, SONA GOPALPUR, P.S.& BLOCK SAMPAT CHAK,DISTT-PATNA 5. RAKESH ARYA S/O SRI AKHILESH KUMAR ARYA ASSISTANT TEACHER, PRIMARY SCHOOL ,CHAKPOOL, P.S.&BLOCK SAMPATCHAK,DISTT-PATNA 6. JITENDRA PRASAD S/O LATE BIRESH PRASAD ASSISTANT TEACHER, UPGRADED MIDDLE SCHOOL, LAKHIPUR KOLI, PS.&BLOCK SAMPATCHAK, DISTT-PATNA 7. HARI NARAYAN PRASAD S/O SRI MATHURA MANDAL ASSISTANT TEACHER,UPGRADED MIDDLE SCHOOL,LAKHIPUR KOLI, P.S.&BLOCK SAMPATCHAK, DISTT-PATNA 4 8. NAGENDRA SINGH S/O LATE KAILASH SINGH ASSISTANT TEACHER, UPGRADED MIDDLE SCHOOL, LAKHIPUR KOLI, PS.&BLOCK SAMPATCHAK, DISTT-PATNA ………….PETITIONERS Versus 1. THE STATE OF BIHAR , THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 2. THE DIRECTOR , PRIMARY EDUCATION GOVERNMENT OF BIHAR, PATNA 3. DEPUTY DEVELOPMENT COMMISSIONER PATNA, DISTT- PATNA 4. DISTRICT SUPERINTENDENT OF EDUCATION PATNA COLLECTORATE COMPOUND,DISTT- PATNA 5. BLOCK EDUCATION EXTENSION OFFICER SAMPATCHAK, PARSA, DISTT- PATNA 6. AREA EDUCATION OFFICER PATNA SADAR, DISTT-PATNA 7. DRAWING -DISBURSING OFFICER, MIDDLE SCHOOL SAMPATCHAK, DISTT- PATNA For the Petitioners in C.W.J.C. No. 18162 of 2009: Mr. S.S. Sundaram, Adv. And C.W.J.C. No.15329 of 2009: Mr. Rajesh Kumar Sinha-1, Adv. Mr. Nand Kumar Singh, Adv. For the State: (i) Dr. Prabhakar, AC to G.P. 19. (ii) AC to SC-I. ------------- 2/ 19.01.2010 Counsel for the petitioners in C.W.J.C. No.15329 of 2009 is permitted to make necessary correction in the spelling of petitioner No. 8’s name. Heard counsel for the petitioners and the counsels appearing for the State. Prayer of the petitioners in all these writ applications is for a direction to the respondents to allow and pay them House Rent Allowance and City Compensatory Allowance with effect from their date of joining, in their respective schools. Petitioners’ case is that they are working in such schools which are situated within the radius of 8 kilometers of the Patna Municipal Corporation. On account of being posted in such schools, which is within the radius of 8 kilometers of Patna Municipal Corporation, they are entitled for House Rent 5 Allowance and City Compensatory Allowance as per Rule 4 B (ii) of the Bihar State Employees (House Rent Allowance) Rules 1980. As per the rule, Headmaster of the concerned schools has to verify and submit a report that quarters are not available for the teachers in the concerned school. Teachers who will claim for House Rent Allowance and City Compensatory Allowance, as per rule must hire a residential houses for their accommodation. Petitioners’ case is that the Headmaster of their schools have already submitted report and certificate in this regard, despite, this fact the Deputy Development Commissioner, Patna, who is the authority to allow and grant House Rent Allowance as well as City Compensatory Allowance, is not passing necessary orders in their cases. In a similar fact and circumstance, C.W.J.C. No. 12986 of 2009 was allowed by this Court, giving direction to the Deputy Development Commissioner, Patna, for considering cases of petitioners in the writ application and for making payment of their House Rent Allowance as well as City Compensatory Allowance, with effect from the respective dates, they have joined in concerned schools, which is situated within the radius of 8 kilometers of the Patna Municipal Corporation. All these writ applications are being allowed on same terms and conditions. The petitioners’ cases will be considered and decided by the D.D.C. Patna, on the basis of 6 certificate issued in their favour by the concerned Headmasters of their schools. On the basis of the certificates and report submitted by the Headmasters, petitioners are entitled for House Rent Allowance and City Compensatory Allowance as per Rule 4B(ii) of the Bihar State Employees (House Rent Allowance) Rules 1980. The D.D.C., Patna, must pass necessary order within a month from the date of receipt/production of the order. The order of D.D.C. Patna, must also include arrears of H.R.A. and City Compensatory Allowance. Sanjeet/ (Mridula Mishra, J.)