Patna High Court
Mahendra Narayan Pandey vs The State Of Bihar on 7 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10172 of 2022
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Mahendra Narayan Pandey son of Late Tophi Pandey, resident of Village and
P.O. Ghorbanki, P.S. and Block- Basopatti, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The Special Director, Secondary Education, Government of Bihar, Patna.
4. The District Education Officer, Madhubani, District- Madhubani.
5. The District Programme Officer (Establishment), Madhubani, District-
Madhubani.
6. Bihar Sanskrit Shiksha Board, Patna Through the Secretary.
7. The Chairman, Bihar Sanskrit Shiksha Board, Patna.
8. The Secretary, Bihar Sanskrit Shiksha Board, Patna.
9. The Headmaster, Brahmarshi Prathmik Sah Madhya Sanskrit Vidyalaya
Village- Panchratna, P.O. Ghorbanki, Block- Basopatti, District- Madhubani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate
Mr. Abhinav Shandilya, Advocate
For the State : Mr. Hitesh Suman, AC to SC-13
For the Sanskrit Board : Mr. Satyam Shivam Sundaram, Advocate
Mr. Sanjay Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 07-08-2023
Heard Mr. Vijay Kumar Singh, learned counsel
appearing on behalf of the petitioner, Mr. Hitesh Suman, learned
AC to learned SC-13 appearing on behalf of the State and Mr.
Satyam Shivam Sundaram, learned counsel for the Sanskrit
Board.
2. The petitioner has sought for following relief(s) :
"That this writ application on behalf of the
Patna High Court CWJC No.10172 of 2022 dt.07-08-2023
petitioner above named is for following
(I) For issuance of an appropriate writ in the
nature of MANDAMUS, commanding and
directing the Respondent Authorities for payment
of post retiral dues in the form of deductions of
dearness allowance/subsistence allowance
deposited in the General Provident Fund account
in accordance with "Essential Deposit Plan" on
the ground that the amount was deposited in the
General Provident Fund Account of the petitioner
after deducting it from the salary of the petitioner
as also the petitioner superannuated from the
service but for no reasons the same has not been
paid to the petitioner.
(II) For issuance of an appropriate writ in the
nature of MANDAMUS, commanding and
directing the Respondent Authorities to make the
aforesaid amount with statutory as well as penal
interest and cost of litigation on the ground that
delay in payment is directly attributable on the
part of the Respondents.
(III) For issuance of any other appropriate
writ/writs, order/orders, direction/directions for
which the writ petitioner would be found entitled
under the facts and circumstances of the case."
3. The petitioner in the writ petition has sought for
payment of retiral dues in the form of deduction of Dearness
Allowance and salaries deposited in their General Provident
Fund Account along with the statutory interest, as the same has
not been paid to them.
4. The petitioner seeks to file representation and
disposal of the present writ petition in terms of order passed in
the case of Dwarika Nath Singh Vrs. The State of Bihar &
Ors. (CWJC No.17536 of 2012) and Narayan Jha & Ors. Vrs.
Patna High Court CWJC No.10172 of 2022 dt.07-08-2023
The state of Bihar & Ors. (CWJC No.11156 of 2017).
5. The writ petition is disposed of with a direction to
the concerned respondent to examine the claim of the petitioner
in light of the judgment/order relied by the petitioner and ensure
that the admissible amount are paid to the petitioner with
statutory interest till the date of payment within a period of six
weeks from the date of receipt/production of a copy of this order
in accordance with law. In case the claim of the petitioner in
whole or in part is rejected, the same must be through speaking
order.
6. The present writ petition stands disposed of on
aforesaid terms.
(Purnendu Singh, J)
Niraj/Nilmani
AFR/NAFR N.A.F.R.
CAV DATE N/A
Uploading Date 08.08.2023
Transmission Date N/A
