Shitanshu Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14540 of 2023 ====================================================== Shitanshu Kumar Srivastava Son of Gorakh Nath Shrivastava, Resident of Village - Hospital Road Siwan, P.S.- Siwan, District - Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Education Department, Govt. of Bihar, Vikash Bhawan, Patna.

3.

The District Education Officer, Siwan.

4.

The District Programme Officer, Siwan.

5.

The Employee Provident Fund, Assistant Commissioner, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubh Narain Singh, Advocate For the Respondent/s :

Mr. Jitendra Kr. Roy 1 (SC-13) Mr. Bijay Bhushan Prasad, AC to SC-13 For Respondent no.5 :

Mr. Prashant Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 16-04-2024 Heard learned counsel for the parties.

2. The petitioner, who retired as Headmaster on attaining the age of superannuation on 31.07.2023 from V.M. Girls High School, Balia Pokhar, Karnpura, Siwan, has filed this writ petition praying for payment of arrears of salary of two months for the month of June and July, 2023; employees provident fund and pension.

3. Respondent no.4 has filed a counter affidavit, wherein, in paragraph nos. 7 and 8, it has been stated that

Patna High Court CWJC No.14540 of 2023 dt.16-04-2024 2/3 arrears of salary of the petitioner for the month of June and July, 2023 have already been paid.

4. Respondent no.5, however, has not filed any counter affidavit. Learned counsel for respondent no.5 prays for some more time to file counter affidavit.

5. Under the circumstances, learned counsel for the petitioner submits that since arrears of salary for the month of June and July, 2023 have been paid by the respondent authorities to the petitioner, this writ petition may be disposed of with liberty to the petitioner to file a representation before the appropriate authority, i.e., the Assistant Commissioner, Employee Provident Fund, Muzaffarpur (respondent no.5) regarding the payment of petitioner's employees provident fund as well as the pension.

6. As prayed for, this writ petition is hereby disposed of with liberty to the petitioner to submit a representation to the respondent no.5, namely the Assistant Commissioner, Employee Provident Fund, Muzaffarpur for payment of petitioner's employees provident fund as well as the pension. Upon such representation being submitted by the petitioner, respondent no.5 is directed to consider the same in accordance with law as expeditiously as possible and in any case, not later than one

Patna High Court CWJC No.14540 of 2023 dt.16-04-2024 3/3 month from the date of receipt of representation from the petitioner.

7. The writ petition is disposed of with the above directions.

(Nani Tagia, J) Amrendra/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 16/04/2024 Transmission Date N/A