Hari Narayan Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12394 of 2012 ====================================================== Hari Narayan Thakur S/O Late Ram Sinhashan Thakur R/O Village PostPanapur Langa, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar the Department Of Human Resources Development, Bihar, Patna 2.

The Grievance Redressal Committee State Of Bihar Through Its Secretary, Human Resource Deptt., Govt. Of Bihar, Patna 3.

The Director, Secondary Education, Bihar, Patna 4.

The Regional Deputy Director Of Education, Distt.- Vaishali At Hajipur 5.

The District Education Officer, Vaishali At Hajipur, Vaishali 6.

The Headmaster, High School Chanduari P.O.- Panapur Langa, P.S.- Hajipur Sadar, District- Vaishali 7.

The Treasury Officer, Vaishali, P.O.P.S.- Hajipur, Vaishali 8.

The Accountant General AandE, Bihar, Beerchand Patel Patha, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lakshmi Kant Tiwary, Adv.

For the Respondent/s :

Mr.Sanjeet Kumar Singh, AC to AAG-6 For Accountant General :

Mr. Uday Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date:- 21-08-2019 Initially the present writ petition was filed for grant of retiral benefits which has now stood paid during the pendency of the present writ petition. However, the learned counsel for the petitioner submits that the retiral benefits of the petitioner are required to be recalculated and revised as per the judgment passed by the learned Full Bench of this Court dated 18.04.2019 passed in L.P.A. No. 1568 of 2011 (The State of Bihar & Ors. Vs. Smt. Asha Sharma) and other analogous cases, paragraph

Patna High Court CWJC No.12394 of 2012 dt.21-08-2019 2/3 No. 42 whereof is reproduced herein below:- "(42) Accordingly, we hold that teachers appointed prior to grant of permission shall reckon their service from the date of grant of permission for establishment of the institution and their service should be counted from that date for the benefit of pension".

The learned counsel for the parties are in agreement that the present writ petition can be disposed of in light of the aforesaid judgment dated 18.04.2019 rendered by the learned Full Bench in the case of Smt. Asha Sharma (supra). Having regard to the submissions made by the learned counsel for the parties, the present writ petition stands disposed of with a direction to the respondents to re-work out the retiral dues of the petitioner in terms of the judgment passed in Smt. Asha Sharma (supra) by reckoning his service period from the date of grant of permission of establishment of the institution where he has worked i.e. High School, Senduary, District Vaishali for the purposes of counting the service period in order to calculate the pensionary benefits.

Accordingly, the letter dated 22.12.2009 issued by the Accountant General (A & E) is quashed.

It is needless to state that retirement dues of the petitioner shall be reworked out, as aforesaid, by the respondent

Patna High Court CWJC No.12394 of 2012 dt.21-08-2019 3/3 authorities within a period of eight weeks from the date of receipt/ production of a copy of this order.

(Mohit Kumar Shah, J) Tiwary/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.08.2019 Transmission Date N/A