Shyamjhari Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15264 of 2023 ====================================================== Shyamjhari Kumari Daughter of Byas Singh and wife of Ram Uday Yadav, resident of village and Post Office - Chouri, P.S. Daudnagar, District - Aurangabad (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Jawaharlal Nehru Marg, Patna - 800001.

2.

The Director, Primary Education, Government of Bihar, New Secretariat, Jawahar Lal Nehru Marg, Patna - 800001.

3.

The District Education Officer, Aurangabad, P.O., P.S. and District - Aurangabad - 824101.

4.

The District Program Officer, Aurangabad, P.O., P.S. and District - Aurangabad - 824101.

5.

The District Provident Fund Officer, Aurangabad, P.O., P.S. and District - Aurangabad - 824101.

6.

The District Treasury Officer, Aurangabad, P.O., P.S. and District - Aurangabad - 824101.

7.

The Prabhari Padadhikari, CFMS KOSHANG, Department of Education, Government of Bihar, Patna - 800001.

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

For the Petitioner/s :

Mr.Uma Kant Mishra, Advocate.

For the Respondent/s :

Mr. Shankar Kumar Thakur, AC to GP-27.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 06-11-2023 Heard Mr. Uma Kant Mishra, learned counsel appearing on behalf of the petitioner and Mr. Shankar Kumar Thakur, learned AC to GP-27 for the State.

2. Learned counsel appearing on behalf of the petitioner submits that pension of the petitioner was fixed at Rs.70,000/- as it would appear from column no.15 of the pension payment order dated 19.08.2022 and the petitioner is

Patna High Court CWJC No.15264 of 2023 dt.06-11-2023 2/3 being paid regular pension. Petitioner is aggrieved for nonpayment of difference of salary as a result of financial upgradation on account of benefit of 2nd ACP and 3rd MACP. Petitioner is also aggrieved for non-payment of entire amount of G.P.F.

3. Considering the aforesaid submission and the information as gathered from the present writ petition, the sanctioning authority / competent authority of the petitioner who is the District Programme Officer (Establishment), Aurangabad is directed to ensure to make payment of difference of salary on account of financial upgradation payable to the petitioner by giving benefit of 2nd ACP and 3rd MACP. The District Provident Fund Officer, Aurangabad, at the same time, is directed to collect the deduction statement with respect to the provident fund contribution made by the employer and employee from all the places of service of the petitioner and ensure payment of entire amount of G.P.F. along with statutory interest within a period of six weeks. The above exercise, in any case, must not be delayed beyond a period of eight weeks from the date of communication of this order by the respective respondents, particularly the District Programme Officer (Establishment), Aurangabad and the District Provident Fund Officer,

Patna High Court CWJC No.15264 of 2023 dt.06-11-2023 3/3 Aurangagad.

4. The communication contained in Annexures 4 and 5 appears to be baseless and the same will not cause hindrance in taking effort to make payment to the petitioner within the aforesaid period of eight weeks in accordance with law.

5. The writ application stands disposed of.

(Purnendu Singh, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 07.11.2023 Transmission Date N.A.