Patna High CourtCWJC/12009/2014disposed

Chaturanan Jha v. The State Of Bihar And ORS

2019-02-25Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12009 of 2014 ====================================================== Chaturanan Jha Son of Udit Narayan Jha resident of village Bihat, P.S. District - Begusarai, at present working as an Assistant Teacher, Dr. Rajendra Bharti Sanskrit Uchch Vidyalaya, Bihat, District - Begusarai ... ... Petitioner

Versus

1. The State Of Bihar

2. The Commissioner - cum - Secretary, Education Department, Government of Bihar, Patna

3. The Special Director, Secondary Education In - charge Sanskrit , Education Department, Government of Bihar, Patna

4. The Bihar Sanskrit Shiksha Board, through its Secretary, East Boring Canal Road, Patna

5. The District Education officer, Begusarai

6. The Headmaster, Dr. Rajendra Bharti Sanskrit Uchch Vidyalaya, Bihat, District - Begusarai ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Purushottam Jha, Advocate For the Respondents 1 to 3 :

Mr.Manoj Kumar, AC to GP 4 for the BSSB : Mr. SS Sundram, Advocate Mr. Shashank Shekhar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-02-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Learned counsel for the petitioner submits that the petitioner's claim for salary from 1995 is now covered by a decision of Apex Court in the case of Krishna Kumar Singh and another Vs. State of Bihar and others, reported in (2017) 3 SCC 1. He submits that the petitioner would be submitting a comprehensive representation making out his claim with all relevant facts before the District Education Officer, Begusarai (respondent no.5).

In case such representation is made and petitioner's

Patna High Court CWJC No.12009 of 2014(2) dt.25-02-2019 2/2 claim is found covered by the decision of the Apex Court in the case of Krishna Kumar Singh (supra), needless to say, officials in view of provisions contained in Clause 4 C (1) of the Bihar State Litigation Policy, 2011 would be obliged to extend the same benefits to the petitioner as a covered matter expeditiously.

Writ petition is disposed of with liberty as aforesaid. This order should not be taken as an expression on entitlement of the petitioner or otherwise.

(Madhuresh Prasad, J) Shashi U