Pradeep Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15500 of 2024 ====================================================== 1.

Pradeep Mishra Son of Late Pramod Mishra, Resident of Village- Jagalpur, Police Station - Rahika, District- Madhubani. 2.

Shre Mant Pathak, Son of Late Ram Narayan Pathak, Resident of VillageMarar, Police Station - Rahila, District- Madhubani. 3.

Indra Kala Devi, Wife of Late Krishna Chandra Jha, Resident of VillageBhasar, Police Station- Sitamarhi, District - Sitamarhi. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Special Director, Secondary Education, Government of Bihar, Patna. 4.

The District Education Officer-cum-District Planning Officer, Madhubani. 5.

The District Programme Officer, Madhubani.

6.

The Chairman, Bihar Sanskrit Shiksha Board, Patna. 7.

The Secretary, Bihar Sanskrit Shiksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemant Kumar Jha, Advocate For the State :

Mr. Gyan Prakash Ojha, GA 7 For the Board :

Mr. Md. Faiz Ahmed, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 07-11-2025 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel appearing for the Sanskrit Shiksha Board.

2. The petitioners have filed the present writ petition for the following relief(s) :

"That this is an application for issuance of a writ in the nature of mandamus and/or any other

Patna High Court CWJC No.15500 of 2024(3) dt.07-11-2025 2/3 appropriate writ, order or direction directing and commanding the respondents to make payment of post retiral dues in the form of deductions of Dearness Allowance and the Salary deposited in the General Provident Fund account of the petitioners in accordance with "Essential Deposit Plan" along with statutory interest, which has not been paid to the petitioners although the same amount was deducted from the salary of the petitioners and the petitioners have also retired from service.."

3. Learned counsel for the petitioners submits that the case of these petitioners are squarely covered with the decision rendered by a Co-ordinate Bench of this Court vide order dated 06.07.2023 passed in C.W.J.C. No. 7109 of 2023 which is appended with the writ petition and as also judgment passed by this Court in similar cases vide writ petition bearing C.W.J.C. No. 5278 of 2025.

4. Learned counsel appearing for the Sanskrit Shiksha Board and the State does not dispute the submissions made by the petitioners.

5. Considering the aforesaid, the petitioners are directed to file a fresh representation before the District Education Officer-cum-District Planning Officer, Madhubani (Respondent No. 4) within two weeks appending all the

Patna High Court CWJC No.15500 of 2024(3) dt.07-11-2025 3/3 judgments which according to them covers their case and on submission of such representation appending all supporting materials as well as the judgments, the authorities will be obliged to take a final decision in this regard within a period of 8 weeks and if it is found that the benefits for which the petitioners are entitled to, the same shall be considered within the same time.

6. Accordingly, the present writ petition stands disposed of.

(Ajit Kumar, J) Prakash/- U