Rajeshwari Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20494 of 2014 ====================================================== Rajeshwari Devi widow of Late Bindeshwari Prasad Singh Resident of village - Pawani, P.O. - Chunni, P.S. and District - Buxar. ... ... Petitioner/s

Versus

1. The State of Bihar through 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 (Sanskrit), Department of Education, Government of Bihar, Patna.

4. Bihar Sanskrit Shiksha Board, Patna through its Secretary.

5. Chairman, Bihar Sanskrit Shiksha Board, Patna.

6. Secretary, Bihar Sanskrit Shiksha Board, Patna.

7. Managing Committee, Adarsh Sanskrit High School, Chunni, P.S. and District Buxar through its Secretary.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durga Nand Jha For the State : Mr. Rakesh Ambastha, AC to AAG-7 For the BSSB :

Mr. S.S Sundram, Advocate Mr. Shashank Shekhar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is a widow of a erstwhile teacher. The claim of the petitioner in the instant writ application is payment of salary for the period 15.12.1995 to 18.09.2006. The learned counsel for the petitioner submits that earlier the petitioner had filed C.W.J.C. No. 5550 of 1999, that was disposed of and thereafter, L.P.A. No. 656 of 2010. Considering the judgment of the Apex Court in the case of The

Patna High Court CWJC No.20494 of 2014(2) dt.03-08-2018 2/2 Bihar Sanskrit Shiksha Board Versus The State of Bihar and Others reported in 2017 (3) SCC page 1, paragraph 177 to 181, the writ petition is disposed of with a liberty to the petitioner to approach the competent authority. The competent authority will examine and decide the claim of the petitioner for payment of salary in the light of the judgment of the Apex Court reported in 2017 Vol 3, SCC 1 and other document on which the petitioner relies for payment of salary. Final decision in this regard may be taken by the respondents within a maximum period of four months from the date of receipt/production of a copy of this order. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Rajiv/- U