Surendra Mishra vs The State Of Bihar
2023 Latest Caselaw 5641 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.15828 of 2023
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1. Surendra Mishra Son of Late Jagarnath Mishra, At present resident of Mohalla- Gautam Nagar, Godhna Road, P.S- Ara Nawada, District- Bhojpur (Arrah).

2. Jawaharlal Jha, Son of Late Hari Prasad Jha, Resident of Village- Jhakhra, P.S.- Sarairanjan, District- Samastipur.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Vikash Bhawan, Patna.

2. The Special Director, Secondary Education, Incharge Sanskrit, Education Department, Government of Vikash Bhawan, Patna.

3. The Bihar Sanskrit Shiksha Board, Bihar, Patna through its Secretary.

4. The Chairman, Bihar Sanskrit Shiksha Board, Bihar, Patna.

5. The Secretary, the Bihar Sanskrit Shiksha Board, Bihar, Patna.

6. The District Education Officer, Bhojpur, District- Bhojpur.

7. The District Education Officer, Samastipur, District- Samastipur.

8. The District Programme Officer, Establishment, Bhojpur, District- Bhojpur.

9. The District Programme Officer, Establishment, Samastipur, District-

Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Kumar Ishwar, Advocate : Mr. Surendra Kumar Ishware, Advocate For the State : Mr. Madhaw Pd. Yadaw, GP-23 : Ms. Meera Singh, AC to GP-23 For the Bihar Sanskrit Shiksha Board : Mr. S. S. Sundram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 10-11-2023 Heard Mr. Suresh Kumar Ishwar, learned counsel

appearing on behalf of the petitioners, Mr. S. S. Sundram,

learned counsel appearing on behalf of the Bihar Sanskrit

Shiksha Board and Mr. Madhaw Pd. Yadaw, learned GP-23 Patna High Court CWJC No.15828 of 2023 dt.10-11-2023

appearing on behalf of the State.

2. Learned counsel appearing on behalf of the

petitioners submits that the petitioners were appointed as

Assistant Teacher in Sanjeev Sanskrit School, Chiraiyantar,

Patna. Learned counsel seeks to file detailed representation

before the Chairman, Bihar Sanskrit Shiksha Board for relief as

pointed out in the present writ petition.

3. The Chairman, Bihar Sanskrit Shiksha Board is

directed to not to delay in deciding entitlement of the pension

payment of the petitioner and decide the same within a period of

six weeks. If he finds that the petitioners are entitled to the

payment then he must ensure that the petitioners be paid their

retiral dues in accordance with law and in accordance with the

provisions of service condition rules as applicable in the case of

the petitioners. In case he finds petitioner is not entitled, he is

under-obligation to give minimum opportunity of hearing to the

petitioners.

4. The above exercise is directed to be concluded

within one week from the date of communication of this order

and the authority concerned must ensure the payment in case if

he finds that the petitioners are entitled for payment of

retirement dues including the pension.

Patna High Court CWJC No.15828 of 2023 dt.10-11-2023

5. Accordingly, the present writ petition stands

disposed of.

(Purnendu Singh, J.) Ashishsingh/-

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