Girish Tiwari v. Bihar Sanskrit Shiksha Board Through Its Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13874 of 2018 ====================================================== Girish Tiwari Son of Indra Mani Tiwari, Resident of Kaemnager, P.S.- Koilwar, District-Bhojpur, Ara.

... ... Petitioner/s

Versus

1.

Bihar Sanskrit Shiksha Board Through Its Secretary and Ors 2.

The Chairman, BIhar Sanskrit Board, Back of Harding Road, Hose No.-17, Near Chitkohara Pool, Patna.

3.

The Secretary, Bihar Sanskrit Board, Back of Harding Road, Hose No.-17, Near Chitkohara Pool, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Jha, Advocate.

Mr. Santosh Kumar Jha, Advocate.

For the Respondent No.1 :

Mr. Satyam Shivam Sundaram, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 08-12-2022 Heard Mr. Gajendra Kumar Jha, learned counsel for the petitioner duly assisted by learned counsel Mr. Santosh Kumar Jha and Mr. Satyam Shivam Sundaram, learned counsel for the respondent Bihar Sanskrit Shiksha Board.

By filing the present writ application the petitioner sought a direction upon the respondent Bihar Sanskrit Shiksha Board to ensure payment of all the retiral/outstanding dues. Learned counsel for the petitioner submits that the petitioner was initially appointed as an Assistant on daily wage basis and thereafter, pursuant to the direction of this Hon'ble Court in C.W.J.C. No. 2327 of 1986, his service came to be regularized w.e.f. 01.04.1987. He further submits that after serving more than

Patna High Court CWJC No.13874 of 2018 dt.08-12-2022 2/3 fourty one years of unblemished service, the petitioner superannuated w.e.f. 28.02.2018. However, when he was not paid his retiral dues, he has been compelled to approach before this court by filing the present writ application. A counter affidavit has been filed on behalf of the respondent nos.1 to 3 and by referring to the statements made in the counter affidavit, it is submitted that during the pendency of the writ application all the admissible retiral/outstanding dues including gratuity, leave encashment and GIC have stood paid to the petitioner.

Mr. Jha learned counsel for the petitioner vehemently submits that till date the petitioner and other similarly situated employees of the Bihar Sanskrit Shiksha Board have not been allowed the benefit of pension, as has been granted to the other similarly situated employees of the Bihar School Examination Board.

Mr. Satyam Shivam Sundaram learned counsel for the respondent Bihar Sanskrit Shiksha Board further submits that till date none of the employees of the Sanskrit Shiksha Board has been allowed the benefit of pension as the decision has not been taken in this regard till date.

Patna High Court CWJC No.13874 of 2018 dt.08-12-2022 3/3 In view of the aforesaid submissions, the present writ application stands disposed of with a hope and trust that the respondent Bihar Sanskrit Shiksha Board shall take a final decision with regard to the grant of the benefit of pension to its employees expeditiously.

(Harish Kumar, J) manoj/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.12.2022.

Transmission Date NA