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2020 Supreme(Pat) 533

MADHURESH PRASAD
Ranjan Kumar – Appellant
Versus
State of Bihar through Principal Secretary, Education Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Y.V. Giri, Mr. Pranav Kumar.
For the Respondent: Mr. Ashutosh Ranjan Pandey.

JUDGMENT :

MADHURESH PRASAD, J.

1. The matter has been listed today for consideration through Video Conferencing.

2. Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

3. Heard Mr. Y.V. Giri learned senior counsel for the petitioners and Mr. Ashutosh Ranjan Pandey AAG XV for the State.

4. The petitioners’ claim in the writ proceedings is for quashing of memo no. 645 dated 05.05.2020 issued by the District Education Officer, Aurangabad recalling the senior scale granted to the Teachers appointed after 31.12.1995. Basis of the said decision is the letter issued by the Director (Primary Education) to all the District Education Officer under memo No. 20.04.2020 bearing no. 432. The same is also challenged in the instant proceedings.

5. Over the past several dates, parties have argued at length. In today’s proceedings, however, they have found common ground. The stand taken by Mr. Pandey, counsel for the State, was that the petitioners were appointed against Matric Trained Teacher posts having the higher qualification of Interme

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