Parash Nath Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10113 of 2023 ====================================================== 1.
Parash Nath Pandey S/o Late Shiwdeni Pandey Resident of Gosai Tola, Station Road, Manikpur, Ward No. 22, P.S. and Distirct-Gopalganj. 2.
Virendra Mishra S/o Late Raj Kishor Mishra Resident of Advocate Nagar, Manikpur, Ward no.14, P.S. and District-Gopalganj. 3.
Tara Kant Jha S/o Late Pulkit Jha Resident of Ward No.22, Near Railway Station, P.S. and District-Gopalganj.
4.
Sunil Kumar Ojha S/o Late Brahm Dutt R/o North to V.M. Hajiyapur, Ward No. 26, P.S. and District-Gopalganj.
5.
Surya Kant Mishra Resident of Ward No. 22 Station Road, P.S. and DistrictGopalganj. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.
2.
The Director, Secondary Education, Education Department, Government of Bihar, Patna.
3.
Bihar State Sanskrit Shiksha Board through its Secretary, House No.17, Behind harding Road, Patna-01.
4.
The Chairman, Bihar State Sanskrit Shiksha Board, House No.17, Behind harding Road, Patna-01.
5.
The Secretary, Bihar State Sanskrit Shiksha Board, House No.17, Behind Harding Road, Patna-01.
6.
The District Education Officer, Gopalganj.
7.
The District Programme Officer (Estb.), Gopalganj. 8.
The Headmaster, Bhudeo Sanskrit High School, Gopalganj. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sushil Kumar Jha, Advocate For the Respondent/s :
Mr. Madhaw Pd. Yadaw (Gp23) For the Board :
Mr. Ram Niwas Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER
2/4 29-08-2025 Heard learned counsel for the petitioner and learned counsel for the State.
2. The present writ petition has been filed for the following reliefs :- "For issuance of writ in the nature of mandamus or any other appropriate writ/ writs, direction/ directions, order/ orders for commanding the respondents to release the amount of D.A. with statutory interest which were deducted from the salary of the petitioners/ father of the petitioners since1981/ 1985 to the date of their respective superannuation or 1998 deposited in the shape of P.F. (Provident Fund) by the office of respondent Bihar Sanskrit Shiksha Board."
3. Learned counsel for the petitioner submits that the D.A amount has been deducted from the salary of the petitioners/father of the petitioner since 1981/1985 to the date of their respective superannuation in the shape of P.F (Provident Fund) by the office of respondent Bihar Sanskrit Shiksha Board. The amount so deducted, as till date, has not been disbursed in their favour and for which the respondents from the Bihar Sanskrit Shiksha Board has been sought, who also filed an affidavit to this effect and submits by referring to paragraph 8 of the said counter affidavit dated 08.11.2023, sworn by the
3/4 Secretary, Bihar Sanskrit Shiksha Board, Patna, (for brevity 'the Board') wherein it has been stated that the calculation was made with respect to D.A. deductions of the petitioners and father of the petitioners with interest and the amount so deducted with respect to these teachers have already been sent to the concerned District Education Officer and District Programme Officer of Bihar vide Board Office Letter No.3781 dated 15.12.2021 with a direction for payment to the concerned teachers of the schools and petitioners/father of the petitioners. The relevant stand of the Board is extracted hereunder :- "That, it is stated and submitted that it is fact the D.A. deductions were made by the Board as per the direction of the government from the salary of petitioners or salary of father of petitioner from the period since 1981 to 1998.
It is stated and submitted that calculation has been made with respect to the D.A. deductions of the petitioners and father of petitioners with interest and compiled list of the deducted amount of D.A. of the teachers school wise and district wise has been also prepared in the Board office and said list has been sent to the all concerned District Education Officer and District Programme Officer of Bihar vide Board office Letter No. -3781, dated-15.12.
4/4 petitioners. It is stated that details of deducted amount of D.A. of petitioners and father of petitioners is noted below: - (i) Sri Paras Nath Pandey Rs. 19,966/- (ii) Sri Virendra Mishra Rs. 18,313/- (iii) Sri Tarakant Jha S/o Late Pulkit Jha Rs. 23,800/- (iv) Sri Sunil Kumar Ojha S/o Late Brahm Dutta Ojha Rs. 19,966/- (v) Sri Surya Kant Mishra Rs. 9867/-
4. In such view of the matter, all these petitioners are directed to file individual representations before the concerned authorities and who on receipt of such representations, will disburse the amount in their favour after verifying the credentials, which is required in law within a period of one week from the date of filing of such representation.
5. Accordingly, the writ petitioner stands disposed off. (Ajit Kumar, J) sharun/- U