Prasanna Kumar Jha Pardeshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7800 of 2025 ====================================================== Prasanna Kumar Jha Pardeshi S/o Late Asharfi Jha, Resident of VillageMorwa, Dih, P.S.- Musarigharari, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through The Additional Chief Secretary, Education Department, Government of Bihar, Patna 2.

The Special Director, Secondary Education (Sanskrit) Education Department, Government of Bihar, patna 3.

Bihar Sanskrit Shiksha Board Through its Secretary, House No.-17, Back of Harding Road, Patna-01 4.

The Secretary, Education Department, Government of Bihar, Patna-cumAdministrator, Bihar Sanskrit Shiksha Board, House No-17, Back of Harding Road, Patna-01.

5.

The District Education Officer, Samastipur, 6.

The District Programme Officer (Establishment), Samastipur. 7.

The Headmaster, Khudneshwar Rajniti Primary-cum-Middle School, Morwa, Samastipur. Morwa, Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sushil Kumar Jha, Adv For the Respondent/s :

Mr. Anil Kumar Verma, AC to AAG9 For the Board :

Mr. Satyam Shivam Sundaram, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 31-03-2026 Heard learned counsel for the petitioner and learned counsel for the respondent-State.

2. With the consent of both the parties, this writ application is being disposed of at this stage itself.

3. In the present writ application, the petitioner has prayed for the grant of following reliefs:

"(i) This writ application is being filed in the nature of mandamus

2/4 or any other appropriate writ/writs, direction/ directions, order/orders for commanding the respondents specifically to the respondent 4, 5 and 6 i.e. Bihar Sanskrit Shiksha Board (here after referred to as the Board), the District Education Officer, Samastipur and The District Programme Officer (Establishment), Samastipur for release of amount of G.P.F. with interest so deducted from the salary of the petitioner since the respondent State Government has already send the funds to the District Education Officer but the respondent Board has missed to send the name of the petitioner in the list of employees of the Khudneshwar Rajniti Primarycum-Middle School, Morwa, Samastipur (herein after referred to as the school).

(ii) This writ application is also being filed to release the arrear of salary to the petitioner including annual increments due after extending the benefits of 5th and 6th pay revision w.e.f. 01.03.1989 and 01.04.2007 respectively in pursuant to the Resolution dt. 01.08.2023 issued in compliance to the order passed by this

3/4 Hon'ble Court in M.J.C. No.

1059/2015 dt.03.08.2022 arising out of C.W.J.C. No. 8271/1999 disposed of vide judgment dt.30.08.2011.

(iii) This writ application is also being filed for other reliefs as well."

4. After advancing some argument, learned counsel for the petitioner submits that for seeking the aforesaid reliefs, the petitioner is prepared to file a fresh representation before the District Education Officer, Samastipur. He further prays that an appropriate direction be issued to the District Education Officer, Samastipur to dispose of the representation which would be filed by the petitioner, within a fixed time frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for respondent-State does not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file an appropriate representation before the District Education Officer, Samastipur within one month from today. If such a representation is filed within the stipulated time then the District

4/4 Education Officer, Samastipur is directed to dispose of the same within a period of three months from the date of receipt of the representation, after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the District Education Officer, Samastipur should be a reasoned and speaking order. In case, the petitioner is found entitled to the relief which the petitioner would be claiming through the representation, the same should be extended to the petitioner within a further period of three months from the date of passing of the final order.

7. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kiran/- U