Krishna Kant Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20618 of 2019 ====================================================== Krishna Kant Tiwari Son of Late Baij Nath Tiwari Resident of VillageGorakh Parasi, P.S.-Karakat, Gorari, District-Rohtas. ... ... Petitioner/s

Versus

1.

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

2.

The Director (Primary Education), Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Tewari, Advocate For the Respondent/s :

Mr. Jitendra Kumar Roy No 1, SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner being the Member of the Bihar Subordinate Education Service (Primary Branch) promoted on 09.02.2019 to the cadre of Bihar Education Service Class-II and necessary documents for his entitlement of 1st A.C.P. and 2nd M.A.C.P. were called for and the same are lying before the Director (Primary Education), Bihar Patna (respondent no.2) but till date no decision has been taken for making payment of the aforesaid dues to the petitioner. The petitioner, under the aforesaid facts and circumstances, is directed to make fresh representation before the Director, (Primary Education), Bihar, Patna within a period of four weeks from today, who on receipt

Patna High Court CWJC No.20618 of 2019(2) dt.25-11-2019 2/2 of such representation after verifying the facts ascertaining the entitlement of the petitioner to receive the financial benefit, pass a reasoned order in accordance with law within further period of eight weeks thereafter. It need not to be reiterated that if the claim of the petitioner is found to be tenable, necessary order shall be passed within aforesaid period without any delay. It would also be open to the petitioner to claim interest on delayed payment which aspect shall also be considered by respondent no.2 at the time of passing the order.

With the aforesaid, order/observation the writ petition stands disposed of.

(Rajendra Kumar Mishra, J) mdrashid/- U