Gopal Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14060 of 2023 ====================================================== Gopal Pandey S/o Late Ramashish Pandey, R/o of Village- Dhanchhuhan, P.O.- Mohanpur, P.S.- Karakat, District Rohtas at Sasaram, Pin- 802212. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Primary Education, Education Department, Govt. of Bihar, Patna.

4.

The District Magistrate, Rohtas at Sasaram.

5.

The District Education Officer, Rohtas at Sasaram. 6.

The District Programme Officer, (Establishment), Rohtas at Sasaram. 7.

The Block Education Officer, Karakat, Rohtas at Sasaram. 8.

The Treasury Officer, Rohtas at Sasaram.

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

For the Petitioner :

Mr. Shashi Shekhar Tiwary, Advocate Mr. Anuranjan Patel, Advocate Mr. Abhishek Kumar, Advocate For the State :

Mr. Prabhakar Jha, GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2024 Heard learned counsels for the parties.

2. This writ application has been filed for the following relief/s:- "(I) The answering respondents may kindly be directed to extend the benefit of financial upgradation/Time bound promotion etc. from the due date of entitlement in favour of employee deceased, presently is being represented by his heirs and legal representative/the present petitioner.

(II) The answering respondents Simultaneously may kindly be directed to revise/modify the pay and

Patna High Court CWJC No.14060 of 2023(2) dt.12-12-2024 2/3 allowances, pension, Gratuity Earn Leave amount etc. and ensure extension of differential amount in favour of petitioner, whose father namely Late Ramashish Pandey, while working as Assistant Teacher (Regular) at the Primary School, Dhanchhuhan (Karakat West), Rohtas retired w.e.f. 30.6.1998 and died w.e.f 04.02.2001.

(III) That the answering respondents also may kindly be directed to ensure logical end to the application accepted in the year 2007 from the petitioner's mother/deceased employee, towards releasing the benefits, payable to the petitioner's father at the relevant point of time, on account of the admissible promotion/financial upgradation /time bound promotion etc.

(IV) The answering respondents also may kindly be directed to extend the statutory/ penal interest over the above said dues, on account of delayed payment. (V) Any other relief or also may kindly allowed for which the petitioner be found entitle in the opinion of this Hon'ble Court."

3. After some arguments, learned counsel appearing on behalf of the petitioner requests for disposal of the present writ application granting liberty to the petitioner to raise his grievances by filing appropriate application before the District Education Officer, Rohtas at Sasaram (Respondent No. 5), along with all the necessary documents and details in support of his claim.

Patna High Court CWJC No.14060 of 2023(2) dt.12-12-2024 3/3

4. In view of the limited nature of prayer, this writ application is disposed of with liberty to the petitioner to file appropriate application before the District Education Officer, Rohtas at Sasaram (Respondent No. 5) along with all the necessary documents and details in support of his claim within a period of four weeks from today.

5. In the event the petitioner files application within the stipulated period, the District Education Officer, Rohtas at Sasaram (Respondent No. 5) shall dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, preferably within a period of three months from the date of filing of the application.

(Prabhat Kumar Singh, J) shashank/- U