Shyamavtar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17730 of 2022 ====================================================== 1.
Shyamavtar Jha Son of Late Raghunath Jha Resident of Village- Pastan, P.S.- Andhara Thadhi, District- Madhubani.
2.
Lakshmi Kant Jha, Son of Jivnath Jha Resident of Village- Sarra (Madna), P.S.- Babubarhi, District- Madhubani.
3.
Yaduvir Jha, Son of Late Balakant Jha Resident of Bairiya, P.S.- Phulparash, District- Madhubani.
4.
Vidyanand Jha, Son of Raghunath Jha Resident of Village- Pastan, P.S.- Andhara Thadhi, District- Madhubani.
5.
Ram Sundar Singh, Son of Valeshwar Singh Resident of Village- Pastan, P.S.- Andhara Thadhi, District- Madhubani.
6.
Mundrika Devi, Wife of Late Ramavtar Jha Resident of Village- Pastan, P.S.- Andhara Thadhi, District- Madhubani.
7.
Pawan Kumar Karn, Son of Ballabh Lal Das Resident of Village- Chirchiri, P.S.- Rajnagar, District- Madhubani.
8.
Raghuvir Thakur, Son of Late Yugleshwar Thakur Resident of VillageGonauli, P.S.- Andhara Thadhi, District- Madhubani. 9.
Badri Narayan Jha, Son of Kuldeep Narayan Jha Resident of VillageGonauli, P.S.- Andhara Thadhi, District- Madhubani. 10.
Baidya Nath Jha, Son of Manu Jha Resident of Village- Gonauli, P.S.- Andhara Thadhi, District- Madhubani.
11.
Siya Ram Mandal, Mauje Lal Mandal Resident of Kashamagour (Pastan), P.S.- Andhara Thadhi, District- Madhubani.
12.
Shiv Shankar Jha, Son of Late Pratap Jha Resident of Village- Gonauli, P.S.- Andhara Thadhi, District- Madhubani.
13.
Hari Shankar Jha, Son of Ganganath Jha Resident of Village- Gonauli, P.S.- Andhara Thadhi, District- Madhubani.
14.
Shiv Shankar Jha, Son of Jaldhari Jha Resident of Village- Deohar, P.S.- Andhara Thadhi, District- Madhubani.
15.
Ganga Nath Jha, Son of Late Jivan Nath Jha Resident of Village- Gonauli, P.S.- Andhara Thadhi, District- Madhubani.
16.
Chandra Shekhar Jha, Son of Late Tej Narayan Jha Resident of VillageGonauli, P.S.- Andhara Thadhi, District- Madhubani. 17.
Smt. Lal Jha, Son of Chandra Shekhar Jha Resident of Village- Gonauli, P.S.- Andhara Thadhi, District- Madhubani.
18.
Hari Shankar Jha, Son of Jaldhari Jha Resident of Village- Deohar, P.S.- Andhara Thadhi, District- Madhubani.
19.
Indra Kant Jha, Son of Shiv Chandra Jha Resident of Village- Hariharpur, P.S.- Singhwara, District- Darbhanga.
20.
Jagat Narayan Mishra, Son of Fulchandra Mishra Resident of VillageRahikpur, P.S.- Babubarhi, District- Madhubani.
2/4 21.
Yoga Nand Thakur, Son of Madhu Kant Thakur Resident of VillageNavnagar, P.S.- Rudrapur, District- Madhubani. 22.
Ranju Kumari, D/o Chandra Shekhar Jha Resident of Village- Gonauli, P.S.- Andhara Thadhi, District- Madhubani.
23.
Manju Devi, W/o Late Thakai Jha Resident of Village- Kalapatti, P.S.- Phulparash, District- Madhubani.
24.
Vishwanath Jha, Son of Devakant Jha Resident of Village- Gonauli, P.S.- Andhara Thadhi, District- Madhubani.
25.
Tejnath Jha, Son of Lochan Jha Resident of Village- Deohar, P.S.- Andhara Thadhi, District- Madhubani.
26.
Jawahar Lal Thakur, Son of Makrand Thakur Resident of Village- Mahuahi, P.S.- Babubarhi, District- Madhubani.
27.
Dayanand Ray, Son of Gopi Kant Ray Resident of Village- Deohar, P.S.- Andhara Thadhi, District- Madhubani.
28.
Ugramohan Jha, Son of Veda Nand Jha Resident of Village- Deohar, P.S.- Andhara Thadhi, District- Madhubani.
29.
Vijay Laxmi @ Vijayay Laxmi Jha, Wife of Late Arun Kant Jha Resident of Village- Bardaha, P.S.- Babubarhi, District- Madhubani. 30.
Indra Narayan Jha, Son of Rajeshwar Jha Resident of Village- Deohar, P.S.- Andhara Thadhi, District- Madhubani.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.
2.
The Special Director, Secondary Education, Government of Bihar, Patna. 3.
The District Magistrate, Madhubani, District- Madhubani. 4.
The District Education Officer-Cum- District Planning Officer, Madhubani, District- Madhubani.
5.
The District Programme Officer, Madhubani, District- 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.Subhash Kumar Jha For the Respondent/s :
Mr.Jitendra Kr. Roy 1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-02-2023 The petitioners, retired as "teacher" from different
3/4 Sanskrit Schools, which were being run under the aegis of Bihar Sanskrit Shiksha Board, Patna. The grievance of the petitioners is that the deductions were made towards G.P.F. amount but after their retirement, G.P.F. amount with interest has not been paid to the petitioners.
Learned counsel for petitioners submits that deduction towards G.P.F. was started on 01.04.1981 and it was closed on 31.03.1998. He relies upon an order of this Court at Annexure2 of this writ application and submits that in the light of the said order representations of similarly situated retired teachers were considered by the respondent no. 4 / District Education Officer - cum - District Planning Officer, Madhubani and they have been paid the G.P.F. amount as admissible to them. Learned counsel for the State as well as Bihar Sanskrit Shiksha Board jointly submit that petitioners may raise their claim by filing their joint and / or separate representation before the respondent no. 4 and if such representation(s) will be filed, the same shall be considered by the respondent no. 4 in accordance with law.
Having heard learned counsel for the parties and taking into consideration the nature of dispute, this writ application is disposed with liberty to the petitioners to file
4/4 their representation before the respondent no. 4 i.e. District Education Officer- cum-District Planning Officer, Madhubani raising their claim regarding payment of G.P.F. and if such representations are filed, the same shall be considered by the respondent no. 4 within a period of two months from the date of receipt of the representations.
It is made clear that if any amount is found payable to the petitioners, the same shall be paid by the concerned authority within a further period of two months from the date of disposal of the representation.
(Anil Kumar Sinha, J) praful/- U