Piyush Kumar Sinha, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8354 of 2022 ====================================================== 1.
Piyush Kumar Sinha, Son of Chaturabhuj Prasad Varama, resident of Village-Andarkila, P.S. Hajipur, District-Vaishali. 2.
Pratibha Sharan Mishra, Son of Dipnarayan Mishra, resident of VillageChandsaray, P.S. Mahua, District-Vaishali. 3.
Praveen Kumar Jha, Son of Nagendra Nandan Jha, resident of VillageMadhopur Kapur, P.S. Kurhani, District-Muzaffarpur. 4.
Abha Kumari Wife of Raj Ballabh Chaudhary, Resident of Adarsh Nagar, Khabra, Khabra urf Kiratpur Gurdas, P.S. Khabra, District-Muzaffarpur. 5.1. Krishna Mohan Son of Late Mahaveer Sah, Resident of Village - Madhopur, Kapur, P.O. - Chandrahatti, P.S. - Kurhani, District- Muzaffarpur. 6.1. Sanjeev Kumar Gautam Son of Late Satya Narayan Singh, Resident of Ward No. - 2, Kurhani Tola, P.S. - Kurhani, District- Muzaffarpur. 6.2. Ravi Kumar Kunal Son of Late Satya Narayan Singh, Resident of Ward No. - 2, Kurhani Tola, P.S. - Kurhani, District- Muzaffarpur. 7.
Shanti Devi, Wife of Nandlal Mahto, resident of Ward No. 10, Kurhani, P.s. Kurhani, District Muzaffarpur.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Additional Chief Secretary, Education Department, Bihar, Patna. 3.
The Director, Secondary Education, Bihar, Patna. 4.
The District Education Officer, Muzaffarpur.
5.
The District Programme Officer (Est.), Muzaffarpur. 6.
The Regional Deputy Director Education, Muzaffarpur. 7.
The Head Master, Krishna Vibhuti Balika Uchch Vidyalaya, Kudhni, Muzaffarpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar, Adv.
For the Respondent/s :
Mr.Madhaw Prasad Yadaw, GP 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 03-07-2025 Heard the parties.
2. The petitioners before this Court are the teaching and non teaching staffs of Krishna Vibhuti Balika Uchch
2/4 Vidyalaya, Kudhni, Muzaffarpur and few of them are their dependents; on being aggrieved with the action of the respondents in not extending their salary and other retiral benefits, have approached this Court seeking a direction upon the respondents to ensure payment thereof, after calculating their initial date of appointment with effect 20.11.1979 till the date of their superannuation.
3. It is the specific contention of the petitioners that one identically situated person, namely, Ranjana Verma, who was also appointed like the petitioners and has been denied salary for the similar period and retiral benefits, approached this Court in CWJC No. 11916 of 2016 which came to be disposed of on 04.07.2018 with a direction to the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur to take a final decision with regard to the date from which the service of the petitioner can be reckoned to be valid in the eyes of law for the purposes of all her claims, including payment of salary for prior periods to what has been paid as well as consequential retiral dues. The case of said Ranjana Verma was duly considered by the Regional Deputy Director, Tirhut Division, Muzaffarpur and all the admissible salary and retiral benefits have been paid to her; is the contention of the learned Advocate
3/4 for the petitioners.
4. Mr. Sanjay Kumar, learned Advocate for the petitioners submitted that the petitioners in the aforesaid premise also seek liberty to approach before the respondent no. 6, who shall consider the claim of the petitioners separately, based upon the available materials/documents on record and pass necessary consequential orders.
5. Learned Advocate for the State submits that the matter is required to be examined at the level of the concerned authorities as certain disputes have been raised.
6. Cosnidering the submissions set forth, in order to give quietus to the litigation, this Court deems it fit and proper to dispose off the writ petition with a liberty to the petitioners to approach before the respondent no. 6 by filing separate application along with necessary documents in support of their respective claims. In case such representation(s) is/are filed, preferably within a period of four weeks from today, the concerned respondent shall consider the case of the petitioners, in accordance with law, based upon the documentary evidence produced by the petitioners as also available in the concerned school/office and dispose off the same by a reasoned and speaking order within a further period of 12 weeks.
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7. Suffice it to observe that in case the claim of the petitioners find favour, necessary consequential benefits shall be accorded to him/her/them.
8. The writ petition stands disposed off with the aforesaid observations.
(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 07.07.2025 Transmission Date