IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3138 of 2008 Satya Narayan Sharma, Son of Late Kailash Sharma, Resident of village Raghunathpur, P.S. Ghosi, District Jahanabad posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna……………………………………………………………….…….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri, District Patna……………………………………………..Respondents With CWJC No.8132 of 2008 Chandra Shekhar Prasad Singh, Son of Ramanand Sinha, Resident of village Saraiyan, P.S. Punpun, District Patna posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna………………………………………………………..……….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri, District Patna…………….Respondents With CWJC No.8186 of 2008 Brij Nandan Singh, son of Late Karu Singh, Resident of village Barah, P.S. Harnaut, District Nalanda posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna………Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri, District Patna………………………………………….Respondents With CWJC No.8211 of 2008 Arun Kumar Singh, Son of Ram Bishnu Singh, Resident of village Rampur, P.S. Punpun, District Patna posted as Assistant Teacher at 2 Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna………………………….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri, District Patna……………………………………..…….Respondents With CWJC No.8814 of 2008 Vishnu Kant Tiwari, Son of Sidh Nath Tiwari, resident of village Subnima, P.S. Athmal Gola, District Patna posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna………………………………………………………………….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri, District Patna…………………………………….….Respondents With CWJC No.8870 of 2008 Sri Kant Singh, Son of late Bindeshwari Singh, Resident of village Ariaon, P.S. Baxur, District Baxur posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna…………………………………………………………………………Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri, District Patna…………………………………………….Respondents With CWJC No.9661 of 2008 Anil Kumar, Son of Late Sri Girija Prasad Singh, Resident of Dr. Narayan Lane, P.S. Mahendru, District Patna posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna………………………………………………………………….…….Petitioner Versus 1. The State Of Bihar 3 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri, District Patna…………………………………………..….Respondents With CWJC No.9662 of 2008 Maheshwar Choudhary, Son of Ram Bihari Choudhary, Resident of Village Makhanpur, P.S. Laheriasarai, District Darbhanga posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna……………………………………………………………….………….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri, District Patna…………………………………………...Respondents With CWJC No.9678 of 2008 Ram Swarth Prasad Singh, Son of Santlal Singh, Resident of village Lashakarichak P.S. Parasa, District Patna Posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna……………………………………………………………….……….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri, District Patna………………………………………….Respondents With CWJC No.10117 of 2008 Manik Chand Mehata, son of Late Ram Swarup Mehta, Resident of village Nayatola Madhopur, P.S. Bakhtiyarpur, District Patna posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna………………………………………………………………………….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 4 5. The Sub-Treasury Officer, Mashouri……………………………………. ……………..Respondents With CWJC No.10141 of 2008 Krishna Prasad son of late Ramchandra Prasad, Resident of village Salalpur , P.S. Naubatpur, District Patna posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna………………………………………………………………..…….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri………………………………….……………..Respondents With CWJC No.10471 of 2008 Sunil Kumar, son of Late Damodar Prasad, Resident of village Makrauta, P.S. Karay Parsurai, District Nalanda Posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna……………………………………………………………………...Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri……………………………….……………..Respondents With CWJC No.14532 of 2008 Subhash Prasad, Son of Ram Narayan Singh, resident of village Sadalichak, P.S. Gourichak, District Patna Posted as Peon at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna…………………………….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri………………………………………..……………..Respondents With CWJC No.10485 of 2008 5 Sharmanand Prasad, son of Late Mahavir Prasad Singh Resident of village Kurhari, P.S. Sakurabad, District Jehanabad Posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna……………………………………………………………………….….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri…………………………………………………………..Respondents With CWJC No.10489 of 2008 Nilam Kumari Wife of Ramchandra Singh, Resident of village Deoghar, P.S. Deoghar, District Deoghar (Jharkhand) Posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna……………………………………………………………………..….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri……………………………………………………..Respondents With CWJC No.10608 of 2008 Bipin Chandra Mishra son of Late Prabhash Chandra Mishra Resident of East Lohanipur, P.S. Kadamkuan, District Patna Posted as Peon at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna…………Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri…………………………………….……………..Respondents With CWJC No.10814 of 2008 Sarojani Sinha wife of Chandradeo Singh Resident of West Ramkrishna Nagar, P.S. Ramkrishna Nagar, District Patna Posted as Assistant Teacher at Sahid Ramanand Ram 6 Govind Singh High School, Punpun, District Patna………………………………………………………………………….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri………………………………….…………..Respondents With CWJC No.10978 of 2008 Mehi Lal Singh son of Deo Lagan Singh Resident of village Bhawanichak, P.S. Jehanabad, District Jehanabad Posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna…………………………………………………………………….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri…………………………………………………..Respondents With CWJC No.11277 of 2008 Sheela Sinha wife of Sumant Kumar Sinha, Resident of Khemini Chak, P.S. Ramkrishna Nagar, District Patna Posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna………………………………………..………………………….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri…………………………………………………………..Respondents With CWJC No.11284 of 2008 Lal Mohan Mishra Son of Brij Bihari Mishra Resident of Ashok Nagar, P.S. Kankarbag, District Patna posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna………………………….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 7 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri…………………………………………….…………..Respondents With CWJC No.11339 of 2008 Satya Prakash Singh son of late Rup Narayan Singh, Resident of village Punpun, P.S. Punpun, District Patna Posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna………………………………………………………………………….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri………………………………………………..Respondents With CWJC No.11360 of 2008 Shila Sinha wife of Bashisth Prasad, Resident of Ram Krishna Nagar, P.S. Sri Krishna Nagar, District Patna posted as Assistant Teacher at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna…………………….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri……………………………………………..Respondents With CWJC No.14487 of 2008 Sanjiv Kumar Son of Vinay Prasad, Resident of Patna City Kachighat, P.S. Patnacity, District Patna posted as Peon at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna……………………….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri……………………………………………………..Respondents With 8 CWJC No.14546 of 2008 Surendra Kumar Yadav, Son of Rajendra Prasad Yadav, Resident of Saristabad, P.S. Gardanibag, District Patna Posted as Peon at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna………………………….Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri…………………………………………………..Respondents With CWJC No.14668 of 2008 Khobharee Ram Son of Late Shri Jainarayan Shah Resident of Neazipur (Dada Baba kedera) P.S. Simari, District Buxar Posted as Headmaster at Sahid Ramanand Ram Govind Singh High School, Punpun, District Patna………………………………………………………………………..Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The Deputy Development Commissioner, Patna 4. The Sub-Divisional Officer, Mashauri, District Patna 5. The Sub-Treasury Officer, Mashouri…………………………………………………………..Respondents ----------- For Petitioners: M/s Arbind Nath Pandey, Rang Nath Pandey & Varun Kumar, Advocates For the State: Mr. S. K. Sharma, G.A. 5. 3 05.07.2011 In all these writ applications, the order passed by the Sub-Divisional Officer, Mashauri denying/fixing house rent allowance of petitioners at lower rate is under challenge. Learned counsels for the petitioners challenge the said order as illegal and 9 without jurisdiction. They have produced an order passed by a Bench of this Court on 12.07.2010 in CWJC No. 779 of 2001 and other analogous cases by which this Court has quashed the order of the Sub-Divisional Officer finding that the same was without jurisdiction and it was only Deputy Development Commissioner (in short, ‘D.D.C.’) who had authority under law to pass orders in respect of admissibility, or otherwise, of house rent allowance and its rate and the Court has remitted the matter to D.D.C. to pass appropriate orders in accordance with law afresh. Learned counsel for the State submits that the said order is applicable to the cases of the petitioners also. In the circumstances, these writ applications are disposed of. The order passed by the Sub-Divisional Officer in each case is quashed. The Deputy Development Commissioner is directed to consider claim of petitioners in respect of house rent allowance and pass appropriate orders in accordance with law within a period of three months from the date of 10 receipt/production of a copy of this order. To facilitate early consideration of their cases, petitioners will be at liberty to file their individual representations along with a copy of this order. BT (J. N. Singh, J.)