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Patna High CourtCWJC/14514/2014disposed

Raghubansh Prasad v. The State Of Bihar And ORS

2017-03-28Mr. Justice Ashwani Kumar Singh8 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14366 of 2014 Maheshwari Prasad son of KLate Shiv Nandan Prasad, resident of village - Sakriutha, P.S. Nagar Nausa, District - Nalanda

6. The Secretary, Bihar State Sanskrit Board, Patna

7. The District Education officer, Biharsharif, Nalanda

8. The District Education Officer cum District Program Coodinator, Serve Shiksha Civil Writ Jurisdiction Case No. 14377 of 2014 Sharda Devi, daughter of Shobhi Prasad Singh, resident of village + P.O. Daha Bigha, P.S. Nagar Nausa, District - Nalanda

6. The Secretary, Bihar State Sanskrit Board, Patna

7. The District Education officer, Biharsharif, Nalanda

8. The District Education Officer cum District Program Co-ordinator, Serve

2 / 8 Shiksha Abhiyan, Biharsharif, Nalanda Civil Writ Jurisdiction Case No. 14383 of 2014 Ram Pratap Singh, son of Late Prasadi Singh, resident of village - Dariyapur, P.S. Nagar Nausa, District - Nalanda

6. The Secretary, Bihar State Sanskrit Board, Patna

7. The District Education officer, Biharsharif, Nalanda

8. The District Education Officer cum District Program Coodinator, Serve Shiksha Civil Writ Jurisdiction Case No. 14387 of 2014 Deonanadan Upadhayay son of late Shiwal Upadhayay resident of village - Panditpur, P.O. + P.S. Rajgir, District - Nalanda

3 / 8

6. The Secretary, Bihar State Sanskrit Board, Patna

7. The District Education officer, Biharsharif, Nalanda

8. The District Education cum District Program Coordinator, Serve Shiksha Civil Writ Jurisdiction Case No. 14417 of 2014 Suresh Prasad S/o Late Rama Carae Resident of Village Akbarpur, P.S. Akbarpur, District Nalanda.

Development Department, Bihar, Patna.

2. The Director, Secondary Education, Bihar, Patna.

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

4. The Bihar State Sanskrit Shiksha Board through its Secretary, Patna.

5. The Chairman, Bihar State Sanskrit Shiksha Board, Patna.

6. The Secretary, Bihar State Sanskrit Shiksha Board, Patna.

7. The District Education Officer, Biharsarif, Nalanda.

8. The District Education Officer cum District Program Coordinator, Serve Shiksha Abhiyan, Biharsharif, Nalanda.

Civil Writ Jurisdiction Case No. 14514 of 2014 Raghubansh Prasad S/o Late Shiv Nandan Prasad Resident of Village Sakroutha, P.S. Nagar Nausa, District Nalanda.

Development Department, Bihar, Patna.

2. The Director, Secondary Education, Bihar, Patna.

4 / 8

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

4. The Bihar State Sanskrit Shiksha Board through its Secretary, Patna.

5. The Chairman, Bihar State Sanskrit Shiksha Board, Patna.

6. The Secretary, Bihar State Sanskrit Shiksha Board, Patna.

7. The District Education Officer, Biharsarif, Nalanda.

8. The District Education Officer cum District Program Coordinator, Serve Shiksha Abhiyan, Biharsharif, Nalanda.

Civil Writ Jurisdiction Case No. 14982 of 2014 Kapildeo Prasad Sinha son of late Lalan Garae, resident of village- Balwapur, POKawa, PS- Hilsa, District- Nalanda

5. The Chairman, Bihar Sanskrit Shiksha Board, Patna

6. The Secretary, Bihar Sanskrit Shiksha Board, Patna

7. The District Education Officer, Biharsarif, Nalanda

8. The District Education Officer cum District Program Coordinator, Serve Shiksha Civil Writ Jurisdiction Case No. 14992 of 2014 Chaudhary Bindeshwar Prasad, son of Hiraman Prasad, resident of villageAkbarpur, PS- Hilsa, District- Nalanda

5 / 8

5. The Chairman, Bihar Sanskrit Shiksha Board, Patna

6. The Secretary, Bihar Sanskrit Shiksha Board, Patna

7. The District Education Officer, Biharsarif, Nalanda

8. The District Education Officer cum District Program Coordinator, Serve Shiksha Civil Writ Jurisdiction Case No. 14996 of 2014 Ram Naresh Upadhayay, Son of late Upadhayay, resident at Village- Rajgir, PO + PS- Rajgir, District- Nalanda Development Department, Bihar Patna

2. The Director, Secondary Education, Bihar Patna

3. The Special Director, Secondary Education, Bihar Patna

6. The Secretary, Bihar State Sanskrit Shiksha Board, Patna

7. The District Education Officer, Biharsarif, Nalanda

8. The District Education Officer cum District Program Coordinator, Serve Shiksha Abhiyan, Biharsharif, Nalanda Civil Writ Jurisdiction Case No. 15186 of 2014 Most. Savitri Devi wife of Late Ram Lalan Singh, resident of village + P.O-

6 / 8 Mallikpur, PS- Karay Parsuray, District- Nalanda

2. The Director, Secondary Education, Bihar, Patna null null

6. The Secretary, Bihar State Sanskrit Shiksha Board, Patna

7. The District Education Officer, Biharsarif, Nalanda

8. The District Education Officer cum District Program Coordinator, Serve Shiksha Appearance :

(In CWJC No.14366 of 2014) For the Petitioner/s : Mr. Sheel Bhadra Jha, Advocate For the Respondent-State : Mr. Naman Nayak, AC to AAG-X (In CWJC No.14377 of 2014) For the Petitioner/s : Mr. Sheel Bhadra Jha, Advocate For the Respondent/s : AC to SC-28 (In CWJC No.14383 of 2014) For the Petitioner/s : Mr. Sheel Bhadra Jha, Advocate For the Respondent-State: Mr. Naman Nayak, AC to AAG-X (In CWJC No.14387 of 2014) For the Petitioner/s : Mr. Sheel Bhadra Jha, Advocate Mr. Shyam Bihari Jha, Advocate For the Respondent-State: Mr. Harish Kumar, GP-8 (In CWJC No.14417 of 2014) For the Petitioner/s : Mr. Sheel Bhadra Jha, Advocate For the Respondent-State : Mr. Sanghamitra Ghosh, AC to GP-15 (In CWJC No.14514 of 2014) For the Petitioner/s : Mr. Sheel Bhadra Jha, Advocate For the Respondent/s : Mr. Devendra Kr. Sinha

7 / 8 (In CWJC No.14982 of 2014) For the Petitioner/s : Mr. Sheel Bhadra Jha, Advocate For the Respondent-State: Mr. Kumar Kamal Nayan, AC to SC-28 (In CWJC No.14992 of 2014) For the Petitioner/s : Mr. Sheel Bhadra Jha, Advocate For the Respondent/s : Mr. R.K. Chandram, Advocate (In CWJC No.14996 of 2014) For the Petitioner/s : Mr. Sheel Bhadra Jha, Advocate For the Respondent-Sate : Ms. Archna Meenakchee, GP-6 Mr. Prabhat Ranjan, AC to GP-6 For the Respondent-Board: Mr. S.S. Sundaram, Advocate (In CWJC No.15186 of 2014) For the Petitioner/s : Mr. Sheel Bhadra Jha, Advocate For the Respondent-State : Mr. Prabhakar Jha, GP-27 Mr. Mukund Mohan Jha, AC to GP-27 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 28-03-2017 In all these applications, the grievance of the petitioners is common. Hence, these applications have been heard together and are being disposed of by a common order.

2. The petitioners are aggrieved because of nonpayment of deducted amount of dearness allowance which was deposited in their G.P.F. account from 01.04.1981 till 31.03.1998.

3. Learned counsel appearing for the petitioners and the learned counsel appearing for the respondents are in agreement that the case of the petitioners stands on the same footing to that of

8 / 8 one Rajendra Prasad whose application was disposed of by this Court on 22.12.2015 in C.W.J.C. No. 5506 of 2014 on the following terms:

"In view of the fact that the dues relates to 198187 and are being sought to be paid only in the end of 2015, in the opinion of this Court, the petitioner is entitled to payment of interest. Accordingly, let the payment be made with 6% simple interest which shall be paid to the petitioner within two weeks from today by the District Education Officer, Nalanda who is present in the Court as well as the District Programme Officer (Establishment), Nalanda."

4. With consent of the parties these applications are also disposed of on the same terms with the only change that the respondents shall make the payment with interest within six weeks from the date of receipt/production of a copy of the order. (Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.03.2017 Transmission NA Date