Satyadeo Jha @ Satyadev Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7872 of 2023 ====================================================== Satyadeo Jha @ Satyadev Jha Son of Late Jagannath Jha, Resident of VillageSugouna, P.S.- Raj Nagar, District- Madhubani (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Director of Secondary Education, Govt. of Bihar, Patna. 3.

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

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

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

The District Education Officer, Madhubani.

7.

The Distric Programme Officer (Establishment), Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Jha, Advocate For the BSSB :

Mr. Shashank Shekhar Jha, Advocate For the State :

Mr. Rajeev Ranjan, AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 08-08-2023 Heard Mr. Sanjeev Kumar Jha, learned counsel appearing on behalf of the petitioner; Mr. Shashank Shekhar Jha, learned counsel appearing on behalf of the Bihar Sanskrit Shiksha Board and Mr. Rajeev Ranjan, learned AC to learned GP-20 for the State.

2. The writ petition has been filed for following relief(s):- "i). For issuance of direction to the authorities concern to immediate provide the remaining dues of differential amounts of revised pay scales under 5th and 6th pay revision together of the petitioner with statutory interest from January 1986 in light of Judgment dated 13.8.2019 passed by the Hon'ble Mr. Justice Jyoti Sharan and

Patna High Court CWJC No.7872 of 2023 dt.08-08-2023 2/3 Hon'ble Mr. Justice Partha Sarthy in L.P.A. No. 43/2016 alongwith other L.P.A petitions.

ii) For issuance of direction to the authorities concern to provide the post retiral dues in the form of deduction of dearness allowances and the salaries deposited in the general provident fund account of the petitioner alongwith statutory interest quickly as the same has not been paid to the petitioner as yet as given to the similar situated person namely Narayan Jha and others in pursuance to the order dated 15.5.2019 passed by the Hon'ble Mr. Justice Partha Sarthy in CWJC No. 11156/2017.

iii). For issuance of direction to the authorities concern to provide the other remaining retiral dues of petitioner as soon as possible for which he is legally entitlement as per statutory provision of law."

3. Learned counsel appearing on behalf of the petitioner seeks to file detailed representation before the District Programme Officer (Establishment), Madhubani with respect to the relief sought for in the present writ petition.

4. The District Programme Officer (Establishment), Madhubani, is directed to dispose of the representation filed by the petitioner in light of judgment passed in case of Baidyanath Jha vs. the State of Bihar & Ors. (L.P.A. No. 43 of 2016) after examining the claim of the petitioner on the basis of record.

5. If records relating to the petitioner are not available with the District Programme Officer (Establishment), Madhubani, in that case, he may forthwith call for records from

Patna High Court CWJC No.7872 of 2023 dt.08-08-2023 3/3 the headmaster of the school namely, Saraswati Bhawan Sanskrit Madhyamik School, Sugouna Raj Nagar, Madhubani, by sending any competent officer within his jurisdiction.

6. In case, any role is to be performed by the District Education Officer, Madhubani, or the Block Education Officer, he may direct them for expeditious disposal of the grievance of the petitioner.

7. The District Programme Officer (Establishment), Madhubani, must ensure to make payment of relief claimed by the petitioner in accordance with the judgment passed in case of Baidyanath Jha (supra) within a period of six weeks.

8. In case of failure, the petitioner is at liberty to take legal action against the District Programme Officer (Establishment), Madhubani.

9. With above observation and direction, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/Nilmani AFR/NAFR NAFR CAV DATE NA Uploading Date 09.08.2023 Transmission Date NA