Nabin Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7147 of 2023 ====================================================== 1.

Nabin Kumar Jha Son of Late Sarva Narayan Jha Resident of MohallaDigha, Police Station- Digha , District- Patna. 2.

Shambhu Nath Jha Son of late Muneshwar Jha , 3.

Rewati Raman Jha Son of Late Sarva Narayan Jha 4.

Vivekanand Jha Son of Late Sukhdeo Jha 5.

Mohan Kumar Choudhary Son of Late Chandeshwar Choudhary 6.

Mangu Jha Son of Late Hari Sunder Jha 7.

Vina Devi Wife of Late Shresth Narayan Jha All the above resident of village Mahinathpur, Police Station- Basopatti, District- Madhubani.

8.

Ramashish Pandey Son of Late Khelavan Pandey Resident of VillageKhauna, Police Station- Basopatti, District- Madhubani. 9.

Vaidehi Devi Wife of Late Mahadev Jha Resident of Village- Kakraul, Police Station- Rahika, 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, Advocae For the Respondent/s :

Mr.Subhash Chandra Mishra (SC16) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-07-2023 Heard Mr. Hemant Kumar Jha, learned counsel appearing on behalf of the petitioners and Mr. Subhash Chandra Mishra, learned SC 16 for the State.

Patna High Court CWJC No.7147 of 2023(2) dt.06-07-2023 2/3

2. The petitioners have sought for following relief(s) : "That this is an application 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 petitioners in accordance with "Essential Deposit Plan" along with statutory interest, which has not been paid to the petitioners although the same amount was deducted from the salary of the petitioners and the petitioners have also retired from service."

3. All the petitioners in the writ petition have sought for payment of retiral dues in the form of deduction of Dearness Allowance and salaries deposited in their General Provident Fund Account along with the statutory interest, as the same has not been paid to them.

4. The petitioners have sought to file individual representation and disposal of the present writ petition in terms of order passed in the case of Dwarika Nath Singh Vrs. The State of Bihar & Ors. (CWJC No.17536 of 2012) and Narayan Jha & Ors. Vrs. The state of Bihar & Ors. (CWJC No.11156 of 2017).

5. The writ petition is disposed of with a direction to the concerned respondent to examine the individual claim of the petitioners in light of the judgment/order relief by the

Patna High Court CWJC No.7147 of 2023(2) dt.06-07-2023 3/3 petitioners and ensure that the admissible amount are paid to the petitioners with statutory interest till the date of payment within a period of six weeks from the date of receipt/production of a copy of this order in accordance with law. In case the claim of the petitioner in whole or in part is rejected, the same must be through speaking order.

6. The present writ petition stands disposed of on aforesaid terms.

(Purnendu Singh, J) chn/- U