Indra Deo Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2102 of 2013 ====================================================== 1.1. Kishori Devi W/o late Indra Deo Prasad Yadav resident of Village Semaria, P.O. and P.S. Revilganj, Distt. Saran at Chapra. 1.2. Sunil Kumar Yadav Son of late Indra Deo Prasad yadav resident of Village Semaria, P.O. and P.S. Revilganj, Distt. Saran at Chapra. 1.3. Rangeh Kumar S/o late Indra Deo Prasad Yadav resident of Village Semaria, P.O. and P.S. Revilganj, Distt. Saran at Chapra. 1.4. Nirmala Devi D/o late Indra Deo Prasad Yadav resident of Village Semaria, P.O. and P.S. Revilganj, Distt. Saran at Chapra. 1.5. Nitu Devi D/o late Indra Deo Prasad Yadav resident of Village Semaria, P.O. and P.S. Revilganj, Distt. Saran at Chapra.

... ... Petitioners

Versus

1.

The State Of Bihar 2.

The Secretary And Commissioner Human Resources Development Department, Govt. Of Bihar, New Secretariat, Patna 3.

The Director Secondary Education, Bihar, New Secretariat, Patna 4.

The Regional Deputy Director Of Education, Saran Division, Chapra 5.

The District Magistrate, Siwan 6.

District Education Officer, Siwan 7.

Treasury Officer, Siwan 8.

Accountant General, Bihar, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Shanti Pratap, Advocate For the Respondent/s :

Mr. Anil Kr Uapdhyay, Advocate For State :

Mr. Binita Singh, SC-8 For AG :

Mr. Vivekanand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 11-11-2025 Heard learned counsel for the petitioners, learned counsel for the Accountant General and learned counsel for the Respondent-State.

2. This writ application has been filed for quashing the Office Order contained in Memo No. 563 dated 25.02.2005

Patna High Court CWJC No.2102 of 2013(12) dt.11-11-2025 2/2 issued under the signature of Director Secondary Education, Bihar, Patna, by which as per the petitioners the salary for the period April 2000 to April 2001 has been directed to be recovered from him and it has been further decided to deduct 20 per cent amount from the pension of the petitioners under Rule 43(A) and 43(B) of Bihar Pension Rules. The petitioners have also challenged the order vide Memo No. 3423 dated 20.10.2005 issued under the signature of Secretary, Secondary Education, Human Resources Department, Government of Bihar by which the appeal preferred by the petitioners has been rejected.

3. Both the orders which are under challenge in the present writ application relates to the year 2005. This writ application was filed on 23.01.2013 i.e., almost after eight years of passing of the impugned orders. In the entire writ application, there is not even a whisper as to why such belated writ application was filed.

4. In view of the aforesaid facts and circumstances, the present writ application is dismissed for delay and laches. (Alok Kumar Sinha, J) Gaurav Sinha/- U