Gupteshwar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10537 of 2023 ====================================================== Gupteshwar Mishra, aged 66 years, Son of Sri Amod Prasad Mishra Resident of Village and Post- Belsar P.S. Mehadiya, District- Arwal. ... ... Petitioner/s

Versus

1.

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

2.

Director, Primary Education, Bihar, Patna.

3.

Deputy Director, Regional Education, Magadh Pramandal, Gaya. 4.

District Magistrate, Arwal.

5.

District Education Officer, Arwal, District- Arwal. 6.

District Programme Officer, (Establishment), Arwal, District Arwal. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Pandey, Advocate For the Respondent/s :

Mr. Subahsh Chandra Mishra, SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 11-09-2023 Heard Mr. Binod Kumar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Subahsh Chandra Mishra, learned SC-16 appearing on behalf of the State.

2. Learned counsel appearing on behalf of the petitioner informs this Court that the petitioner has been paid all the retiral dues as claimed for in the present writ petition, however, with delay. The petitioner is now entitled for payment of statutory interest on account of delayed payment from the date of entitlement till the date of payment of the retiral dues on different heads. In these backgrounds, the petitioner seeks to file a detailed representation before the District Programme Officer

Patna High Court CWJC No.10537 of 2023 dt.11-09-2023 2/2 (Establishment), Arwal in the light of State of Kerala vs. M. Padmanabhan Nair reported in (1985) 1 SCC 429 and D.D. Tewari vs. Uttar Haryana Bijli reported in (2014) 8 SCC 894.

3. The District Programme Officer (Establishment), Arwal, is directed to forthwith make payment of statutory interest on account of different heads of retiral benefits which have been paid to the petitioner with delay from his own pocket or from the pocket of his predecessor, who are the one who have delayed in making payment of retiral dues to the petitioner for total period of five years. The petitioner had retired from the post of headmaster in the year 2017.

4. With above observations and directions, the present writ petition stands disposed of.

(Purnendu Singh, J) Niraj/- Nilmani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 12.09.2023 Transmission Date N/A