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Patna High CourtCWJC/5278/2025disposed

Gopi Kant Jha v. The State Of Bihar

2025-09-26Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5278 of 2025 ====================================================== Gopi Kant Jha Son of Late Indra Dev Jha, Resident of Village- Shriganj Rampatti, Police Station- Raj Nagar, District- Madhubani. ... ... Petitioner

Versus

1.

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

2.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

The Special Director, Secondary Education, Government of Bihar, Patna. 4.

The District Education Officer, Madhubani.

5.

The District Programme Officer, Establishment Madhubani. 6.

The Chairman, Bihar Sanskrit Shiksha Board, Patna. 7.

The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Hemant Kumar Jha, Advocate For the BSSB :

Mr. Satyam Shivam Sundaram, Advocate Mr. Ankit, Advocate Mr. Aman Kumar, Advocate For the State :

Mr. Mujtabaul Haque, GP-12 Mr. Pranoy Kumar, AC to GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 26-09-2025 Counsel for the petitioner, counsel for the BSSB and counsel for the State are present.

2. Counsel for the petitioner has filed the present writ petition for the following relief(s):

"for issuance of a writ in the nature of mandamus and / or any other appropriate writ, order or direction directing and commanding the respondents to make payment of post retiral dues in the form of deductions of Dearness Allowance and the salary deposited in the General Provident Fund account of the petitioner in accordance with

Patna High Court CWJC No.5278 of 2025(2) dt.26-09-2025 2/3 "Essential Deposit Plan" along with statutory interest, which has not been paid to the petitioner although the same amount was deducted from the salary of the petitioner and the petitioner has also retired from service."

3. It is the case of the petitioner that his case is squarely covered with the decision rendered by a co-ordinate Bench of this Court vide order dated 06.07.2023 passed in CWJC No. 7109 of 2023 and other judgments rendered on the subject in issue which are appended as Annexure- P/4 series.

4. Counsel for the State submits that a representation may be filed which will be decided in accordance with the ratio laid down in the aforesaid judgments on the subjects in issue, as appended with the writ petition, which according to the petitioner squarely covers his case.

5. Considering the aforesaid, the petitioner is directed to file a fresh representation before the District Education Officer, Madhubani (Respondent No. 4) appending all the judgments which according to him covers his case and on submission of such representation appending all supporting materials as well as the judgments, the authorities will be obliged to take a final decision in this regard within a period of 8 weeks and if it is found that the benefits for which the petitioner is entitled to, the same shall be considered within the

Patna High Court CWJC No.5278 of 2025(2) dt.26-09-2025 3/3 same time.

6. Accordingly, the present writ petition stands disposed of.

(Ajit Kumar, J) Shahnawaz/- U