Azimanuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3405 of 2023 ====================================================== Azimanuddin Ansari Son of Late Md. Imam Ali Ansari, Resident of Road No. 5, Aliganj, P.S.-Chandauti, District-Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

2.

The Director, Primary Education, Bihar, Patna. 3.

The District Magistrate, Arwal.

4.

The District Education Officer, Arwal.

5.

The District Programme Officer (Establishment), Arwal. 6.

The Accountant General, Bihar, Birchand Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Sinha, Advocate For the Respondent/s :

Mr. Madhaw Prasad Yadaw, GP-23 Mr. Arvind Kumar, AC to GP-23 For the A.G, Bihar :

Mr. Ram Kinker Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 03-07-2025 Heard learned counsel for the parties.

2. This writ petition has been filed with the following prayer:

"(i) To issue a writ preferably in the nature of mandamus, commanding and directing the Respondent authority concerned to pay the petitioner his Graduate Pay scale and revise his monetary benefits including payment of differences of salary and pension etc. for which the petitioner is legally entitled w.e.f.

01.01.1998 in pursuant to office order dated 27.06.2018 as contained in

2/5 Memo No. 519, issued from the level of District Education Officer, Arwal as petitioner has not been paid the same even after his superannuation from service who retired as an Assistant Teacher from Rajkiyakrit Middle School, Kurtha."

3. The Office Order issued by the District Education Officer, Arwal vide Memo No. 519 dated 27.06.2018 (Annexure-2 to the writ petition) which is the basis for the petitioner's claim for payment of the Graduate Teacher, is extracted hereinbelow:

3/5

4. Respondent Nos. 4 & 5/ the District Education Officer, Arwal & the District Programme Officer (Establishment), Arwal have filed a counter affidavit wherein, in paragraph no. 5 it has been stated as under:

"5. That it is submitted that the D.P.O. (Estb.), Arwal has promoted the petitioner Graduate Pay scale and revise his monetary benefits including payment of differences of salary vide memo no. 519 dated 27.06.2018, pay fixation on 17.07.2023"

5. The pay fixation made on 17.07.2023 enclosed as Annexure-R/A to the counter affidavit is also extracted hereinbelow:

4/5

6. On perusal of the averments made in paragraph no. 5 of the counter affidavit filed by the respondent nos. 4 & 5, it appears that the respondents have not denied the petitioner's entitlement for payment in terms of the Office Order issued by the District Education Officer, Arwal vide Memo No. 519 dated 27.06.2018.

7. On further perusal of paragraph no. 6 of the counter affidavit filed by the respondent nos. 4 & 5, it appears that the monetary benefit in terms of the Office Order issued by the District Education Officer, Arwal vide Memo No. 519 dated 27.06.2018 could not be made to the petitioner because of some issue regarding petitioner's account number.

8. Under the circumstances, since the entitlement of the petitioner in terms of the Office Order issued by the District Education Officer, Arwal vide Memo No. 519 dated 27.06.2018 has not been disputed by the respondents in the counter affidavit filed and the actual payment of the monetary benefits in terms of the aforesaid Office Order could not be made because of some issue regarding the petitioner's account number, this writ petition is hereby disposed off with a direction to the respondents to pay the petitioner's monetary benefits enumerated in the Office Order issued by the District Education

5/5 Officer, Arwal vide Memo No. 519 dated 27.06.2018 on providing the account number by the petitioner, for which the petitioner shall appear before the respondent no. 4 - the District Education Officer, Arwal within two weeks.

9. The writ petition is disposed off with the above direction.

Nilmani/- (Nani Tagia, J) AFR/NAFR NAFR CAV DATE N/A Uploading Date 07.07.2025 Transmission Date N/A