Harsh Narayan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6416 of 2024 ====================================================== 1.

Harsh Narayan Jha, male, aged about 73 years, Son of Late Jairudra Jha Resident of Village- Belhwar, P.S.- Rajnagar, District- Madhubani. 2.

Mostt. Ginni Devi, Female, aged about 69 years, W/o Late Ratneshwar Jha Resident of village- Rahika, P.S.- Rahika, District- Madhubani. 3.

Amar Nath Jha, Male, aged about 58 years, S/o Late Shiv Shankar Jha Resident of Village- Harsuwar, P.S.- Harlakhi, District- Madhubani. ... ... Petitioner/s

Versus

1.

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

2.

The Special Director, Secondary Education, Government of Bihar, Patna. 3.

The District Education Officer-Cum-District Planning Officer, Madhubani. 4.

The District Programme Officer, Madhubani.

5.

The Chairman, Bihar Sanskrit Shiksha Board, Patna. 6.

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

For the Petitioner/s :

Mr. Kripa Nand Jha, Advocate For the Respondent/s :

Mr. Naval Kishore Singh, Advocate For the Board :

Mr. S.S. Sundaram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 27-06-2024 Heard Mr. Kripa Nand Jha, learned counsel appearing on behalf of the petitioners; Mr. Naval Kishore Singh, learned counsel representing the respondent nos. 1 to 4 and Mr. S.S. Sundaram, learned counsel representing the respondent nos. 5 and 6.

2. As this writ petition has been taken up for disposal with the consent of learned counsel for the petitioners

Patna High Court CWJC No.6416 of 2024 dt.27-06-2024 2/3 as well as learned counsel representing the respondent nos. 1 to 4, this order shall not bind the respondent nos. 5 and 6.

3. The petitioners have filed this writ petition seeking the relief, which has been specified in paragraph no. 1 of the writ petition as under:

"(i) For issuance of an appropriate direction, order or writ in the nature of Mandamus commanding the respondents to pay the retiral dues amount of the General Provident Fund deducted from the salary of petitioner No.1, husband of petitioner No.2 and father of petitioner No.3 with up to date interest over the due amount till the date of its actual payment including payment of arreras of difference of salary in 5th and 6th pay revision admissible to them but not paid till date arbitrarily, though other teachers similarly situated have been paid respective payment."

4. Learned counsel for the petitioners submit that this writ petition may be disposed of with a direction to the respondent nos. 3 and 4 to consider the prayer of the petitioners in accordance with law. The prayer made by the learned counsel for the petitioners for disposal of this writ petition with a direction to the respondent nos. 3 and 4 to consider the prayer of the petitioners made in this writ petition have not been opposed by the State counsel representing respondent nos. 1 to 4.

5. In view of the above this writ petition, with the

Patna High Court CWJC No.6416 of 2024 dt.27-06-2024 3/3 consent of the learned counsel for the parties, is hereby disposed of with a direction to the respondent nos. 3 and 4 to consider the prayer made by the petitioners in the instant writ petition which has been extracted hereinabove strictly in accordance with law.

6. The consideration as directed above shall be made by the respondent nos. 3 and 4 within a period of three months from the date of receipt of a certified copy of the order.

7. The writ petition is disposed of with the above direction.

(Nani Tagia, J) Nilmani/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.06.2024 Transmission Date NA