Vishal Kumar vs The State Of Bihar

Citation : 2025 Latest Caselaw 17 Patna
Judgement Date : 1 May, 2025

Patna High Court

Vishal Kumar vs The State Of Bihar on 1 May, 2025

Author: Harish Kumar
Bench: Harish Kumar
         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.19617 of 2021
     ======================================================
     Vishal Kumar, Son of Sri Ram Lakhan Prasad Singh, Resident of Navneet
     Colony, Hanuman Nagar, Kankarbagh, P.S.- Patrakar Nagar, District and
     Town- Patna, PIN- 800026.
                                                              ... ... Petitioner/s
                                       Versus
1.    The State of Bihar represented through Chief Secretary, Govt. of Bihar,
      Patna.
2.   The Principal Secretary, Human Resources Department, Bihar, New
     Secretariat, Bailey Road, Patna.
3.   The Principal Secretary, Finance Department, Bihar, Old Secretariat, Patna.
4.   The Director, Secondary Education Department, Bihar, Patna.
5.   The Regional Deputy Director, Patna Zone, Bihar, Patna.
6.   The District Programme Officer, Education Department, Patna.
7.   The District Programme Officer, Education Department, Biharsharif,
     Nalanda.
8.   The Head- Master, Rajkiyakrit Marwari High School, Patna City, Patna.
9.   The Head-Master, Mata Kasturba Balika Uchh Vidyalya, Korawan,
     Islampur, Nalanda.
10. The Heads-Mistress, Bapu Samarak Balika Uchh Vidyalya, Kadamkuan,
    Patna.
11. The Head-Master, Madandhari Balika Uchh Vidyalya, Bikram, Patna.
12. The Accountant General of Bihar, Patna, Birchand Patel Path, Patna.
                                                            ... ... Respondent/s
    ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Dilip Kumar, Advocate
     For the Respondent/s   :      Mr. Prabhakar Jha, GP-27
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 01-05-2025

                     Heard the parties.

                     2. The petitioner is the son of the erstwhile

      employee, who superannuated form the post of Teacher on

      28.02.2015

and subsequently died on 28.11.2020.

Notwithstanding the fact that mother of the petitioner Patna High Court CWJC No.19617 of 2021 dt.01-05-2025 2/3 superannuated long back in the year 2015 and died in the year 2020, the claim of retiral benefits and other dues has not been settled till date.

3. Learned Advocate for the petitioner submitted that to ventilate the grievance raised before this Court, the petitioner has approached before the District Programme Officer (Establishment), Patna as well as District Programme Officer (Establishment), Nalanda on various occasions, but till date the representation preferred by the petitioner has not even been considered and disposed off.

4. Learned Advocate for the State, at the outset, submitted that it is the fact that the husband of the erstwhile employee is still alive and the petitioner, who claims to be the son of the erstwhile employee, has approached this Court. Moreover from the record, it appears that the petitioner was asked to appear before the authority concerned along with the documents, but he did not bother to appear with the necessary documents.

5. Be that as it may, considering all the grievances and the fact that the petitioner has already approached before the concerned District Programme Officer (Establishment) for ventilating his grievance, in order to give quietus to the litigation, the present writ petition stands disposed off with a Patna High Court CWJC No.19617 of 2021 dt.01-05-2025 3/3 liberty to the petitioner to file a fresh representation along with the necessary documents before the District Programme Officer (Establishment), Patna as well as District Programme Officer (Establishment), Nalanda at Bihar Sharif preferably within a period of four weeks from today along with the necessary documents and family details.

6. In case, such representation is filed by the petitioner along with the necessary documents, both the District Programme Officer (Establishment), Patna as well as District Programme Officer (Establishment), Nalanda at Bihar Sharif shall make deliberation and consider the claim of the petitioner and dispose off the same within a period of twelve weeks from the date of filing of such representation.

7. Suffice it to observe that in case the claim of the petitioner finds favour, necessary consequential order shall be passed within the aforesaid period.

8. With the aforesaid, the present writ petition stands disposed off.

(Harish Kumar, J) uday/-

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Uploading Date          03.05.2025
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