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Patna High CourtCWJC/15414/2015disposed

Jwala Prasad Sharma And ORS v. The State Of Bihar And ORS

2018-11-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15414 of 2015 ======================================================

1. Jwala Prasad Sharma S/o late Krishna Singh Resident of Village - Gopalpur, P.O. - Gopalpur, P.S. - Naubatpur, District - Patna.

2. Ram Naresh Prasad S/o late Yadu Nandan Prasad Resident of Village - Patel Nagar, North, Barhi Tola, P.O. - Islampur, P.S. - Islampur, District - Nalanda.

3. Sameer Kumar S/o late Jhalak Nandan Sharma resident of village - Babhanpura, P.O. - Lakhawar, P.S. - Goshi, District - Jehanabad.

4. Madan Mohan Pandey S/o late Mathura Pandey resident of village + P.O. - Aungaridham, P.S. - Aungaridham, District - Nalanda.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Special Director (Secondary Education) Govt. of Bihar, Patna.

4. The District Programme Officer (Establishment), Distt. - Patna.

5. The District Programme Officer (Establishment), District - Nalanda.

6. The District Programme Officer (Establishment), District - Jehanabad.

7. The Chairman, Bihar Sanskrit Siksha Board, Patna.

8. The Secretary, Bihar Sanskrit Siksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shree Kant Pandey For the Respondent/s :

Mr. Gp23- Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-11-2018 Learned counsel appearing on behalf of the petitioners placed reliance on the order passed by a coordinate bench of this Court dated 22.12.2015 in C.W.J.C. No. 5506 of 2014.

The relevant part of the order reads as follows:- "In view of the fact that the dues relates to 1981-87 and are being sought to be paid only in the end of 2015, in the opinion of the Court, the

Patna High Court CWJC No.15414 of 2015(2) dt.29-11-2018 2/2 petitioner is entitled to payment of interest. Accordingly, let the payment be made with 6 % simple interest which shall be paid to the petitioner within two weeks from today by the District Education Officer,Nalanda who is present in Court as well as the District Programme Officer (Establishment), Nalanda.

The writ petition stands disposed off in the aforementioned terms.

In view of the order passed on 22.12.2015 in C.W.J.C. No. 5506 of 2014 the present writ application is disposed of with direction to the respondents to examine the claim of the petitioner and if the case of the petitioners is similar to that of petitioner in C.W.J.C. No. 5506 of 2014, similar treatment should be extended to the petitioners.

Necessary decision in this regard may be taken by the respondents within a maximum period of three 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) Ravi/- U