IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3777 of 2009 KRISHNA KANT THAKUR, S/O SRI SHIV NARAYAN THAKUR, RESIDENT OF VILLAGE – KARIAN, P.S. – ROSERA, DISTRICT – SAMASTIPUR, PRESENTLY WORKING AS AN ASSISTANT TEACHER, HIGH SCHOOL BAIDYANATHPUR, MOTIPUR, SAMASTIPUR ……………… PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH ITS SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA 2. THE DEPUTY SECRETARY, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA 4. THE DISTRICT EDUCATION OFFICER, SAMASTIPUR 5. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, DARBHANGA DIVISION …………….. RESPONDENTS ----------- 03. 05.08.2011 Heard learned Counsel for the petitioner and the State. The petitioner was appointed under the special recruitment scheme on stipend of Rs. 200/- per month on 16.10.1973. After one year, the appointment of the petitioner was affirmed in the scale of graduate trained teacher. Petitioner’s prayer is that he should be allowed similar benefits in the matters of seniority, pay fixation and revision of pay-scale with effect from the date of his initial appointment, as it has been allowed in the case of Yogendra Raut Vrs. The State of Bihar & Ors. in C.W.J.C. No. 3633 of 1994 and Ram Sewak Thakur & Anr. Vrs. The State of Bihar & Ors. in C.W.J.C. No. 1088 of 1999, 2 since the case of the petitioner is exactly on similar footing and squarely covered by the Order, passed in their case. They had also been appointed under the similar Scheme of special recruitment in the year 1973- 74. Counsel for the State submits that the instruction which he has received is that the Government has decided to give them all benefits on notional basis with effect from the date of their appointment. But I find that in case of others, whose names have been mentioned above, all consequential benefits have been allowed to them, monetary as well as seniority. Petitioner can not be discriminated by the Respondents once, it has been allowed in case of similarly situated persons, appointed under the same scheme. This application is being disposed of directing the Respondent Authorities to allow similar relief to the petitioner as it has been allowed in the case of petitioners in C.W.J.C. No. 3633 of 1994 (Yogendra Raut Vrs. The State of Bihar) and C.W.J.C. No. (Ram Sewak Thakur & Anr. Vrs. The State of Bihar & Ors.). Similar Order must be passed in case of the petitioner within eight weeks from the date of production / communication of this Order allowing all consequential 3 benefits with effect from the date of petitioner’s initial appointment. With the aforesaid observation and directions, this Writ Application is allowed. SKM (Mridula Mishra, J.)