IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14942 of 2009 1. KUMAR RAJESH PANDEY S/O LATE KUMAR BRAJESH PANDEY ASSISTANT TEACHER, PRIMARY SCHOOL, RANIPUR, FATUHA, DISTT.- PATNA 2. ARUN KUMAR S/O SRI RAMESH NARAYAN RAM ASSISTANT TEACHER, PRIMARY SCHOOL, ARIYANI TOLA, FATUHA, DISTT.- PATNA 3. SUNIL KUMAR GUPTA S/O SRI SHIV KUMAR ASSISTANT TEACHER, PRIMARY SCHOOL, BLOCK COLONY, FATUHA, DISTT.- PATNA 4. RAJENDRA PRASAD SINGH S/O SRI SURENDRA PRASAD SINGH ASSISTANT TEACHER, PRIMARY SCHOOL, RANIPUR, FATUHA, DISTT.- PATNA 5. ACHUTANAND PANDEY S/O LATE MUNESHWAR PANDEY ASSISTANT TEACHER, PRIMARY SCHOOL, KACHIDARGAH, FATUHA, DISTT.- PATNA 6. JANARDHAN TANTI S/O LATE RAM CHANDRA TANTI ASSISTANT TEACHER, PRIMARY SCHOOL, GOBINDPUR BALAK, FATUHA, DISTT.- PATNA 7. RAVI RANJAN GUPTA S/O SRI HARILAL ASSISTANT TEACHER, MIDDLE SCHOOL, NAVIN BHARTI VIDYA MANDIR, FATUHA, DISTT.- PATNA 8. RAJ KUMAR SHASTRI S/O LATE NAWAL KISHORE PRASAD ASSISTANT TEACHER, MIDDLE SCHOOL, NAVIN BHARTI VIDYA MANDIR, FATUHA, DISTT.- PATNA 9. SHAMBHU KUMAR S/O LATE BASOLAL ASSISTANT TEACHER, MIDDLE SCHOOL, NAVIN BHARTI VIDYA MANDIR, FATUHA, DISTT.- PATNA 10. RAJNI BHUSHAN SINGH S/O SHRI SHASHI BHUSHAN SINGH HEAD MASTER, MIDDLE SCHOOL NAVIN BHARTI VIDYA MANDIR, FATUHA, DISTT.- PATNA 11. KISHORE KUMAR S/O SRI SUDAMA PRASAD SINGH ASSISTANT TEACHER, PRIMARY SCHOOL, KRIPAL TOLA, FATUHA, DISTT.- PATNA 12. RABINDRA KUMAR S/O LATE RAM CHANDRA GUPTA ASSISTANT TEACHER, PRIMARY SCHOOL, NOHTA, FATUHA, DISTT.- PATNA 13. SUDHIR KUMAR S/O SRI RAM DAS ASSISTANT TEACHER, PRIMARY SCHOOL GYANCHAK, PATNA SADAR, DISTT.- PATNA 14. JITENDRA PRASAD S/O SRI HARAKH PRASAD ASSISTANT TEACHER, PRIMARY SCHOOL, RABIDAS TOLA FATEHPUR, PATNA SADAR, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE 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 OATNA, COLLECTORIATE COMPOUND, DISTT.- PATNA 5. BLOCK EDUCATION EXTENSION OFFICER FATUHA, DISTT.- PATNA 6. DRAWING AND DISBURSING OFFICER MIDDLE SCHOOL VYAPAR MANDAL GIRLS SCHOOL, FATUHA, DISTT.- PATNA 7. BLOCK EDUCATION EXTENSION OFFICER PATNA SADAR, DISTT.- PATNA 8. DRAWING AND DISBURSING OFFICER VARI VIDYA MANDIR, SHEIKHPURA, PATNA With CWJC No.2539 of 2010 1.RAJESH PRAKASH SON OF SRI SRI NARAYAN PRASAD, RESIDENT OF MOHALLA – A.D.M. -339 NEHRU NAGAR, P.O. – PATALIPUTRA, P.S. PALATIPUTRA COLONY, DISTRICT – PATNA. 2. BIMAL KRISHNA SINHA SON OF LATE BRINDAWAN BIHARI LAL, RESIDENT OF MOHALLA – A-89 P.C. COLONY KANKARBAGH, P.S. KANKARBAGH, DISTRICT – PATNA. - 2 - 3.SARVESH KUMAR SON OF SRI JANARDAN SINGH, RESIDENT OF VILLAGE – BHAW BIGHA, P.O. KANAP, P.S. DAUDNAGAR, DISTRICT – AURANGABAD. 4.UMASHANKAR SHARMA, SON OF SRI NAWAL KISHORE SHARMA, C/O SANJAY UPADHIYAY, RESIDENT OF MOHALLA – BEHIND- S.B.I., NEW PUNAICHAK, P.S. SHASTRI NAGAR, DISTRICT – PATNA -23. 5.MUKESH PRASAD SON OF SRI KARMCHAND, RESIDENT OF MOHALLA ARPANA BANK COLONY FEJ-II, RAMJAYPAL ROAD, BELY ROAD DANAPUR, P.S. DANAPUR, DISTRICT – PATNA. 6.KUMARI SUNITA SON OF SANJAY KUMAR C/O SRI N.P. SINGH, SRI NAGAR A.G. COLONY P.O. – ASIYANA, P.S. SHASTRI NAGAR, DISTRICT – PATNA. 7.UMESH SINGH, SON OF LATE SITAL SINGH, RESIDENT OF VILLAGE – NEW MANPURA, SAGUNA MORE KHARANJA ROAD, P.S. DANAPUR, DISTRICT – PATNA. 8. NAVIN KUMAR SON OF LATE RAVINDRA KUMAR, RESIDENT OF VILLAGE – RANIPUR, P.S. PHULWARI, DISTRICT – PATNA. 9. BINOD KUMAR SON OF SRI SATYENDRA PRASAD SINGH, RESIDENT OF VILLAGE – BAHORAMA, P.S. NIMCHAK BATHANI, DISTRICT – PATNA. 10. BINOD KUMAR SON OF SRI NASHIB LAL RAY, RESIDENT OF VILLAGE – JANIPUR, P.O. SORAMPUR, P.S. JANIPUR, DISTRICT – PATNA. 11. BIMAL KUMAR TIWARY SON OF LATE RAM PRATAP TIWARAY, RESIDENT OF VILLAGE – VEDHARIYA, P.O. SIYA RAMPUR, P.S. PALIGANJ, DISTRICT – PATNA. 12. ARBIND KUMAR ABINASH SON OF NAGINA DAS, RESIDENT OF VILLAGE – MANER, MEERACHAK, P.O. MANER, P.S. MANER, DISTRICT – PATNA. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 4. DEPUTY DEVELOPMENT COMMISSIONER, PATNA. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA. 6. THE BLOCK EDUCATION EXTENSION OFFICER, DANAPUR, PATNA. FOR THE PETITIONERS : - MR. S.S. SUNDARAM, ADVOCATE MR. NAND KUMAR SINGH, ADVOCATE FOR THE STATE : - MR. SHAISHAV KUMAR, AC TO GP -2 MR. SANJAY KUMAR JHA, AC TO SC-9. ----------- 02/ 15.02.2010 Heard counsel for the petitioners and counsel appearing for the State. Petitioners’ grievance is that though they are entitled for House Rent Allowance and City Compensatory Allowance as per Rule 4-B(ii) of Bihar State Employees - 3 - (House Rent Allowance) Rules 1980, but they are not being paid. It has been stated in the writ application that all formalities like recommendation by the Principal of the School and proper report in this regard by the appropriate authority is complete. Their cases have been forwarded to the Deputy Development Commissioner, Patna for passing necessary order allowing the House Rent Allowance and City Compensatory Allowance to the petitioners since the date of their posting in the respective Schools, which is situated within 8 kms. radious of Patna Municipal Corporation. As per the rule this disclosure is also required that the School in question has not residential accommodation available for the teachers and that is also fulfilled by the petitioners. Despite all these facts, they will deprive from the House Rent Allowance and City Compensatory Allowance. Both the writ applications are being disposed of giving direction to the District Superintendent of Education, Patna and Deputy Development Commissioner, Patna to look into the matter, in case all formalities as per the rule are - 4 - complete. Necessary orders be passed for making payment of arrears of House Rent Allowance and City Compensatory Allowance to the petitioners with effect from the date they have been posted in their respective Schools and will remain entitled for this benefit till the date they are posted in such Schools. The orders must be passed within four weeks from the date of production/communication of this order. DKS/ (Mridula Mishra, J.)