Smt. Daya Prasad @ Daya Srivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14489 of 2014 ====================================================== Smt. Daya Prasad @ Daya Srivastava Wife of Sri Hari Mohan Prasad Resident of Village - Chhitauna, P.S.- Bathua Bazar, District- Gopalganj, at present Retired Assistant Teacher in Manan Nagina Rai Projects Girls High School, Kuchaikote, P.S.- Kuchhaikote, District- Gopalganj. ... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary-cum-Commissioner Department of Education, Government of Bihar, Patna.

2. The Director, Secondary Education, Government of Bihar, Patna.

3. The Deputy Director, Secondary Education, Government of Bihar, Patna.

4. The District Education Officer, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Srivastava, Advocate Mr. Govind Kumar Jha, Advocate Ms. Rajni Gandh, Advocate For the Respondent/s :

GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-09-2018 Learned counsel for the petitioner submits that during the pendency of the writ application, the respondents have granted approval of the service of the petitioner with effect from 01.01.1989 and as such the first prayer made in the writ application has become infructuous as the same has already been granted to the petitioner.

So far as payment of arrears of salary is concerned, it has also been paid to the petitioner and as such the second grievance of the petitioner also stands redressed. The only issue as to the payment of post-retiral dues of the petitioner is concerned, it has not been addressed as yet.

Patna High Court CWJC No.14489 of 2014(2) dt.18-09-2018 2/2 Considering the aforesaid, the writ petition is disposed of with direction to the respondents to examine the claim of the petitioner for grant of post-retiral benefit and pass appropriate order within a period of four months from the date of receipt/production of a copy of this order.

It is needless to state here that once the respondents determined the entitlement of the post-retiral benefit of the petitioner, they are required to ensure payment of the same. Entire exercise in this regard must be completed within four months as indicated above.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U