Ram Naresh Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 8083 of 2017 ====================================================== Ram Naresh Mishra Son of late Ramchiz Mishra, Resident of Village-Panan Mahuawa, P.O. Sohnariya, P.S. Kateya District-Gopalganj ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Department of Education, Government of Bihar, Patna 2.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

The Director, Primary Education, Bihar, Patna. 4.

The Regional Deputy Director of Education Saran At Chapra. 5.

District Education Officer, Gopalganj 6.

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

The Treasury Officer, Gopalganj 8.

The Accountant General (A and B) Bihar, Patna. 9.

General Manager, Contralized Pension Proceeding Centre, State Bank of India, Gandhi Maidan, Patna.

10.

State Bank of India, Kateya, Gopalganj, Through Its Branch Manager. 11.

Branch Manager, State Bank of India, Kateya Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Suresh Prasad Bhakta, Advocate For the S t a t e :

Ms Shilpa Singh, GA XII For the Accountant General Mr Ram Kinker Choubey, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-05-2020 The matter has been listed today for consideration through Video Conferencing in view of the Nationwide lock down on account of the COVID 19 Pandemic.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the

Patna High Court CWJC No.8083 of 2017(4) dt.18-05-2020 2/3 aid of audio visual technology.

Heard learned counsel for the petitioner, State and the Accountant General.

The petitioner is husband of an Assistant Teacher who passed away on 06.02.2012. Petitioner's counsel submits that today the only claim that remains is in respect of salary for some period which he has raised by way of Annexure 2 to the writ petition which is pending consideration before the authorities. State counsel submits that Annexure 2 does not bear receiving of any authority. She, however, does not propose to raise such technical objection only to deprive consideration of petitioner's claim for dues.

In view of the rival submission, keeping the writ petition pending would be futile as no adjudication is called for. Let the petitioner's claim raised in Annexure 2 be considered by respondent No 5, the District Education Officer, Gopalganj and a reasoned and speaking order be passed thereupon.

The dues found admissible to the petitioner should also be paid.

This Court would expect that the entire exercise would be completed within three months from the date of

Patna High Court CWJC No.8083 of 2017(4) dt.18-05-2020 3/3 receipt/production of a copy of this order.

Writ petition stands disposed of.

(Madhuresh Prasad, J) M.E.H./- U