Maha Lakshmi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6739 of 2023 ====================================================== 1.
Maha Lakshmi Devi Wife of Late Ram Chandra Mishra 2.
Niranjan Pratihast Son of Late Awadh Narayan Pratihast 3.
Naval Kishore Singh Son of Late Yogendra Singh 4.
Kashi Kant Jha Son of Late Uday kant Jha 5.
Kumari Mira Wife of Late Upendra Narayan Singh 6.
Chandra Bhushan Jha Son of Late Mukhdeo Jha 7.
Saroja Nand Jha Son of Late Chandra Shekhar Jha All Residents of Village-Chhatauni, Police Station-Basopatti, DistrictMadhubani. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secrertary, 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.P.Kishore, AC to SC 13 ====================================================== 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. J.P.Kishore, learned AC to SC 13 for the State.
2. The petitioners have sought for following relief(s) :- "For issuance of a writ in the nature of
Patna High Court CWJC No.6739 of 2023(2) dt.06-07-2023 2/3 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 mount was deducted from the salary of the petitioners and the petitioners have also retired from service.
4. 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.
5. The petitioners have sought to file 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 Vrs. The state of Bihar (CWJC No.11156 of 2017).
6. The writ petition is disposed of with a direction to the concerned respondent to examine the claim of the 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 case the claim of
Patna High Court CWJC No.6739 of 2023(2) dt.06-07-2023 3/3 the petitioner in whole or in part is rejected, the same must be through speaking order.
7. The present writ petition stands disposed of on aforesaid terms.
(Purnendu Singh, J) chn/- U