The State Of Bihar And ORS v. Madan Prasad Thakur And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.914 of 2015 Civil Writ Jurisdiction Case No.945 of 2010 Government of Bihar, Patna.

The Director, Secondary Education, Budh Marg, Patna. The District Education Officer, Nawada.

Raj Kumar Singh son of Late Nand Kishore Singh R/o Vill. - Jhikarua, P.O. - Hisua, P.S. - Narhat, District - Nawada.

Naresh Singh S/o Late Lakhdeo Singh R/o Hisua, P.O. and P.S. - Hasua, District - Nawada.

The Accountant General, Bihar, Patna.

Letters Patent Appeal No. 1567 of 2013 Civil Writ Jurisdiction Case No.3797 of 2010 Government Of Bihar Patna The District Education Officer, Vaishali At Hajipur Sri Ram Murti Prasad Son Of Late Dwarika Choudhary Resident Of Sahadallahpur, P.S.- Hazipur, District- Vaishali The Accountant General, Bihar, Patna Letters Patent Appeal No. 1574 of 2013 Civil Writ Jurisdiction Case No.3565 of 2010

2/5 Government Of Bihar Patna The Director, Secondary Education, Budh Marg, Patna The District Education Officer, Nawada Naresh Singh Son Of Late Lakhdeo Singh Resident Of Hisua, P.O.- Hisua, P.S.- Hisua, District- Nawada The Accountant General, Bihar, Patna Letters Patent Appeal No. 1602 of 2013 Civil Writ Jurisdiction Case No.10251 of 2009 The Director, Secondary Education, Budh Marg, Patna, Bihar The District Education Officer, Saran At Chapra The Headmaster, Adarsh Yuvak High School, Baruan, Saran At Chapra Uday Narayan Sharma @ Udai Narain Singh Son Of Late Shyam Bihari Sharma Resident Of Village- Baruan, P.S.- Dariyapur, District- Chapra Saran The Accountant General, Bihar, Birchand Patel Path, Patna The Senior Accounts Officer, Office Of The Accountant General A & E, Bihar, Patna Letters Patent Appeal No. 1605 of 2013 Civil Writ Jurisdiction Case No.2034 of 2010 Government Of Bihar, Patna The District Education Officer, East Champaran, Bihar

3/5 Md. Nabijan Son Of Late Sk. Zaimddin Resident Of Village- Baradih, P.O.- Bairia, P.S.- Kasaria, District- East Champaran The Accountant General, Bihar, Birchand Patel, Patna Letters Patent Appeal No. 116 of 2014 Civil Writ Jurisdiction Case No.18664 of 2010 Government Of Bihar, Patna The District Education Officer, East Champaran, Bihar Madan Prasad Thakur Son Of Ram Chandra Thakur Resident Of Sariyatpur, P.O.- Damodarpur, P.S.- Pipra, District- East Champaran The Accountant General, Bihar, Birchand Patel Path, Patna Letters Patent Appeal No. 220 of 2014 Civil Writ Jurisdiction Case No.9716 of 2009 The Principal Secretary, Human Resources Development Department, Patna The Director, Secondary Education, Bihar, Patna The District Education Officer, Nawada Shyam Kishore Singh Son Of Late Ram Swaroop Singh Village- Pali, P.S.- Kashichak, District- Nawada The Accountant General, Bihar, Birchand Patel Path, Patna The Senior Accounts Officer, Office Of The Accountant General, Bihar, Patna

4/5 Appearance :

(In Letters Patent Appeal No. 914 of 2015) For the Appellant/s :

Mr.Shashi Bhushan Kumar For the Respondent/s :

Mr.Nivedita Nirvikar (In Letters Patent Appeal No. 1567 of 2013) For the Appellant/s :

Mr.Shashi Bhushan Kumar For the Respondent/s :

Mr.

(In Letters Patent Appeal No. 1574 of 2013) For the Appellant/s :

Mr.Shashi Bhushan Kumar For the Respondent/s :

Mr.Mrs. Anita Sinha (In Letters Patent Appeal No. 1602 of 2013) For the Appellant/s :

Mr.Shashi Bhushan Kumar For the Respondent/s :

Mr.

(In Letters Patent Appeal No. 1605 of 2013) For the Appellant/s :

Mr.Shashi Bhushan Kumar For the Respondent/s :

Mr.Raj Nandan Prasad (In Letters Patent Appeal No. 116 of 2014) For the Appellant/s :

Mr.Shashi Bhushan Kumar For the Respondent/s :

Mr.S. M. Ehtesham (In Letters Patent Appeal No. 220 of 2014) For the Appellant/s :

Mr.Shashi Bhushan Kumar For the Respondent/s :

Mr.Rakesh Kumar Singh CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date : 20-12-2019 In all the above stated appeals the only question was involved as to what would be the date of reckoning the retiral benefit of the respondents.

Admittedly, all the respondents are retired teachers and they claimed their retiral benefit from the date of establishment of their respective schools.

The above stated issue was considered by a Full Bench of this Court in State of Bihar vs. Smt. Asha Sharma reported in

5/5 2019(3) BLJ, 366 and the Full Bench of this Court held that the service of teaching staff would be counted from the date of grant of permission to establish secondary school for the purpose of pensionary benefits. The issue involved in these appeals is entirely covered by the decision rendered by the Full Bench in case of State of Bihar vs. Smt. Asha Sharma (supra).

Therefore, in the light of decision of Full Bench of this Court, all the above stated appeals stand dismissed and the impugned judgment is, hereby, confirmed.

(Hemant Kumar Srivastava, J) ( Prabhat Kumar Singh, J) shahzad/- AFR/NAFR AFR CAV DATE N.A.

Uploading Date 06.01.2020 Transmission Date N.A.