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Patna High CourtCWJC/5407/2024disposed

Vindhya Nath Jha v. The State Of Bihar

2025-02-12Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5407 of 2024 ====================================================== 1.

Vindhya Nath Jha Son of Late Baidyanath Jha, Resident of Village - Gajhara, Police Station - Ladania, District - Madhubani. 2.

Bhadra Nath Mishra, Son of Late Dev Nandan Mishra, Resident of Village - Gajhara, Police Station - Ladania, District - Madhubani. 3.

Raj Kumar Jha, Son of Late Uma Kant Jha, Resident of Village - Gajhara, Police Station - Ladania, District - Madhubani. 4.

Dharm Narayan Mishra, Son of Late Lakshmeshwar Mishra, Resident of Village - Gajhara, Police Station - Ladania, District - Madhubani. 5.

Sudarshan Jha, Son of Late Shubh Chandra Jha, Resident of Village - Gajhara, Police Station - Ladania, District - Madhubani. 6.

Chanda Devi, W/o Late Ganga Nand Jha, Resident of Village- Bharaam, Police Station - Jhanjharpur, District - Madhubani. 7.

Basudev Jha, Son of Late Jagannath Jha, Resident of Village- Sugauna, Police Station- Rajnagar, District - Madhubani. ... ... Petitioner/s

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-cum-District Planning Officer, Madhubani. 5.

The District Programme Officer, Madhubani.

6.

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

The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemant Kumar Jha, Advocate For the Respondent/s :

Mr. J.K. Roy No. 1, SC-13 Mr. B.B.Bag, AC to SC-13 For the Board :

Mr. S.S. Sundaram, Advocate Mr. Ankit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-02-2025 Heard the parties.

2. The petitioners before this Court are retired

Patna High Court CWJC No.5407 of 2024(2) dt.12-02-2025 2/3 teaching employees of different Sanskrit Uchcha Vidyalaya or their heirs, who approached before this Court under Article 226 of the Constitution of India seeking a direction upon the respondent to ensure payment of post retiral dues in the form of Dearness Allowance and the salary deposited in the General Provident Fund account of the petitioners/erstwhile employees under "Essential Deposit Plan" alongwith statutory interest.

3. Learned Advocate for the petitioner referring to the averments made in the writ petition has further contended that identical set of assistant teachers approached before this Court in CWJC No. 11156 of 2017, CWJC No. 15196 of 2019 and CWJC No. 7109 of 2023 and all the writ petitions have been disposed off with a direction to the concerned respondent to examine the individual claim of the petitioners in the light of the judgment/order relied upon by the petitioner to ensure the admissible amount alongwith the statutory interest within a period of six weeks. The writ petitioner seeks parity to the identical set of assistant teachers and seeking identical relief as to those of the writ petitioners, whose cases have been disposed off by this Court.

4. Learned Advocate for the State and the Board submit at the Bar that the claim of the petitioner is required to

Patna High Court CWJC No.5407 of 2024(2) dt.12-02-2025 3/3 be considered at the level of the concerned District Education Officer.

5. Considering the limited grievance of the petitioner, the writ petition stands disposed off in similar terms of the order as has been passed in the afore-noted cases.

6. Needless to observe that the case of the petitioners shall be examined by the respondent authorities and if the claim of the petitioner finds identical to the petitioners of the aforenoted writ petition, similar benefit shall be accorded to him within a period of twelve weeks from the date of receipt/production of a copy of this order.

(Harish Kumar, J) supratim/- U