Prem Chandra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10369 of 2023 ====================================================== 1.

Prem Chandra Jha Son of Late Krishna Ballabha Jha, Resident of VillagePhulparas, Police Station- Phulparas, District- Madhubani. 2.

Tara Nand Jha, Son of Late Abhay Nand Jha, Resident of Village- Phulparas, Police Station- Phulparas, District- Madhubani. 3.

Pratap Kumar Jha, Son of Late Birendra Narayan Jha, Resident of VillageDhananja, Police Station- Phulparas, District- Madhubani. 4.

Amar Nath Jha, Son of Late Uma Nath Jha, Resident of Village- Phulparas, Police Station- Phulparas, District- Madhubani. 5.

Hari Mohan Jha, Son of Late Sushil Jha, Resident of Village- Gara Tol, Police Station- Phulparas, District- Madhubani. 6.

Janki Prasad Jha, Son of Late Kusheshwar Jha, Resident of Village- Gara Tol, Police Station- Phulparas, District- Madhubani. 7.

Krishna Dev Jha, Son of Late Khela Nand Jha, Resident of VillageBelmohan, Police Station- Phulparas, District- Madhubani. 8.

Bhupendra Narayan Jha, Son of Late Baby Nandan Jha, Resident of VillageDhananja, Police Station- Phulparas, District- Madhubani. 9.

Surendra Narayan Jha, Son of Late Babu Nandan Jha, Resident of VillageDhananja, Police Station- Phulparas, District- Madhubani. 10.

Pratap Kumar Jha, Son of Late Birendra Narayan Jha, Resident of VillageDhananja, Police Station- Phulparas, District- Madhubani. 11.

Maha Vidya Devi, Wife of Late Chiranjib Mishra, Resident of VillageMansapur, Police Station- Laukhi, District- Madhubani. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Special Director, Secondary Education, Government of Bihar, Patna. 4.

The District Education Officer-cum-District Planning Officer, Madhubani. 5.

The District Programme Officer, Madhubani.

6.

The Chairman, Bihar Sanskrit Shiksha Board, Patna. 7.

The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemant Kumar Jha, Advocate For the Respondent/s :

Mr. Rajeev Ranjan, AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

Patna High Court CWJC No.10369 of 2023 dt.08-08-2023 2/3 ORAL JUDGMENT Date : 08-08-2023 Heard Mr. Hemant Kumar Jha, learned counsel appearing on behalf of the petitioners and Mr. Rajeev Ranjan, learned AC to learned GP-20 for the respondent/s.

2. The writ petition has been filed for the following relief(s):- "That this is an application for issuance of a writ in the nature of mandamus and / or any other appropriate writ, order or direction directing and commanding the respondents to make payment of post retiral dues in the form of deductions of Dearness Allowance and the Salary deposited in the General Provident Fund account of the petitioners in accordance with "Essential Deposit Plan" along with statutory interest, which has not been paid to the petitioners although the same amount was deducted from the salary of the petitioners and the petitioners have also retired from service."

3. All the petitioners in the writ petition have sought for payment of retiral dues in the form of deduction of Dearness Allowance and salaries deposited in their General Provident Fund Account along with the statutory interest, as the same has not been paid to them.

4. The petitioners seek to file individual representation and disposal of the present writ petition in terms of order passed in the case of Dwarika Nath Singh Vrs. The State of Bihar & Ors. (CWJC No.17536 of 2012) and

Patna High Court CWJC No.10369 of 2023 dt.08-08-2023 3/3 Narayan Jha & Ors. Vrs. The state of Bihar & Ors. (CWJC No.11156 of 2017).

5. The writ petition is disposed of with a direction to the concerned respondent to examine the individual claim of the petitioners in light of the judgment/order relied by the petitioners and ensure that the admissible amount are paid to the petitioners with statutory interest till the date of payment within a period of six weeks from the date of receipt/production of a copy of this order in accordance with law. In case the claim of the petitioner in whole or in part is rejected, the same must be through speaking order.

6. The present writ petition stands disposed of on aforesaid terms.

(Purnendu Singh, J) Niraj/Nilmani AFR/NAFR NAFR CAV DATE NA Uploading Date 09.08.2023 Transmission Date NA