Maheshwar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.372 of 2017 ====================================================== Maheshwar Sah Son of Late Nandan Sah, Resident of Village- Bishnupur Bathu, P.S.- Pusa, Via- Dighra, District- Samastipur ... Petitioner

Versus

1.

The State Of Bihar through Principal Secretary, Education Department, Government of Bihar, Patna 2.

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

3.

The Regional Deputy Director of Education, Darbhanga Division, Darbhanga.

4.

The District Education Officer, Samastipur.

5.

The Headmaster, Rajkiya Buniyadi Vidyalaya, Dhongama, Pusa, Samstipur. 6.

Shri Dashrath Poddar, Son of Late Hari Poddar, Headmaster of Rajkiya Buniyadi Vidyalaya, Dhongama, Pusa, Samastipur. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Vikas Kumar, Advocate For the Respondents :

Mr.Kameshwar Kumar- Gp17 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Writ application has been filed for a direction to the State officials to make payment of pensionary benefits to the petitioner taking into account his initial date of appointment, i.e., 09.01.1986 as also for payment of consequential arrears thereof.

It appears that in spite of direction of the Regional Deputy Director of Education, Darbhanga Division,

Patna High Court CWJC No.372 of 2017(4) dt.03-07-2019 2/3 Darbhanga (respondent no.3) dated 2.5.2017 as well as the direction of the District Programme Officer (Establishment), Samastipur dated 8.5.2017 with reminder (Annexures A and B respectively to the counter affidavit filed on behalf of respondent no.4), in this regard, no steps have been taken by the Headmaster, Rajkiya Buniyadi Vidyalaya, Dhongama, Pusa, Samstipur (respondent no.5) for payment of benefits of the pension taking into account petitioner's initial date of joining, except for filing counter affidavit dated 25.7.2018. Having heard learned counsel for the parties and going through the materials on record, writ application is disposed of with a direction to the Headmaster, Rajkiya Buniyadi Vidyalaya, Dhongama, Pusa, Samstipur (respondent no.

5) to take steps for payment of pensionary benefits to the petitioner taking into account his initial date of appointment, i.e., 09.01.1986 as also for payment of consequential arrears thereof in compliance of the directions of the Regional Deputy Director of Education, Darbhanga Division, Darbhanga (respondent no.3) dated 2.5.2017 as well as the direction of the District Programme Officer (Establishment), Samastipur dated 8.5.

Patna High Court CWJC No.372 of 2017(4) dt.03-07-2019 3/3 of respondent no.4, within a period of six weeks from the date of receipt/production of a copy of this order. (Prabhat Kumar Singh, J) Shashi U