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Patna High CourtCWJC/560/2019disposed

Karuna Kumari v. The State Of Bihar And ORS

2019-08-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.560 of 2019 ====================================================== Karuna Kumari W/o Vinod Pd. Poddar, R/o Kalifabagh Chowk, Chamra Godown, Budhanath Road, P.S.- Kotwali, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Patna.

3.

The Director, Primary Education, Government of Bihar, Patna. 4.

The Regional Deputy Director Education, Bhagalpur Division, Bhagalpur. 5.

The District Education Officer, Bhagalpur.

6.

The District Programme Officer, Banka.

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

For the Petitioner/s :

Mr. Jagnnath Singh, Adv.

Mr. Pushkar Kr. Ray, Adv.

For the Respondent/s :

Mr. Samit Kumar, AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-08-2019 Learned counsel for the petitioner submits that the petitioner is superannuated before the order dated 07.05.2018 passed in C.W.J.C. No. 6499 of 2016.

In view of the fact that petitioner has superannuated before 07.05.2018. The respondents are required to take appropriate decision with regard to payment of salary for the period of suspension.

The present writ application is disposed of with a direction to the respondents to take appropriate decision in terms of Rule 97 of the Bihar Service Rules how on the issue of

Patna High Court CWJC No.560 of 2019(3) dt.27-08-2019 2/2 treatment of period of superannuation. The respondents may also take appropriate decision with regard to entitlement of the petitioner for grant of post retiral benefit side by side. Necessary decision in this regard must be taken by the respondents within a maximum period of 60 days from the date of receipt/production of a copy of this order. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U