Kashi Nath Jha Kiran vs The State Of Bihar
2023 Latest Caselaw 5099 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.8940 of 2021
     ======================================================

Kashi Nath Jha 'Kiran' S/o Late Gulab Jha, resident of Village - Balni Mehath P.S. and District - Madhubani.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, Patna.

2. The Deputy Secretary, Department of Education, Govt. of Bihar, Patna.

3. The District Magistrate, Madhubani.

4. The Regional Deputy Director, Department of Education, Madhubani.

5. The District Education Officer, Madhubani.

6. The District Program Officer, Madhubani.

7. The Block Education Officer, Jhanjharpur, Madhubani.

8. The Accountant General, Bihar, Patna.

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

For the Petitioner/s : Mr.Shankar Kumar Thakur, Advocate Mr.Vivek Kumar, Advocate For the Respondent/s : Mr.Ram Vinay Prasad Singh, AC to GA 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 05-10-2023

Heard Mr. Shankar Kumar Thakur with Mr. Vivek

Kumar, learned counsel appearing on behalf of the petitioner and

Mr. Ram Vinay Prasad Singh, learned AC to GA 12 for the State.

2. Learned counsel appearing on behalf of the petitioner

submits that the case of the petitioner is squarely covered by the

judgment of this Court passed in CWJC No.9004 of 2019 [Dr.

(Mrs.) Pratima Modi Vs. The State of Bihar through the Patna High Court CWJC No.8940 of 2021 dt.05-10-2023

Principal Secretary, Health Department & Ors.] reported in 2020

(1) PLJR 451.

3. Learned counsel appearing on behalf of the petitioner

submits that he has been given instruction by the petitioner that he

has already filed a representation before the District Programme

Officer (Establishment), Madhubani with respect to relief(s) as

claimed for in the present writ petition.

4. Learned counsel further submits that at the time of

superannuation of the petitioner, no criminal proceeding/judicial

proceeding was pending against the petitioner, as such the

petitioner is entitled for grant of earned leave, 10% of gratuity

amount and arrears of salary, which were withheld without giving

any opportunity of hearing to the petitioner.

5.Considering the aforesaid submissions made on behalf

of the petitioner, the representation of the petitioner is directed to

be disposed of in the light of judgment passed in CWJC No.9004

of 2019 [Dr. (Mrs.) Pratima Modi Vs. The State of Bihar

through the Principal Secretary, Health Department & Ors.]

(supra), calling for the service particulars of the petitioner and

comparing the observations made by the Court in Paragraph no.8

of CWJC No.9004 of 2019 [Dr. (Mrs.) Pratima Modi Vs. The Patna High Court CWJC No.8940 of 2021 dt.05-10-2023

State of Bihar through the Principal Secretary, Health

Department & Ors.] (supra).

5. In case of rejection of claim of the petitioner, the

District Programme Officer (Establishment), Madhubani is

directed to give proper opportunity of hearing to the petitioner to

defend his case.

6. In case the petitioner is entitled for relief(s) as

claimed for in the present writ petition, the payment under

different heads are directed to be paid within a period of four

weeks from the date of communication of this order along with the

statutory interest on account of delay in payment of retiral dues to

the petitioner.

7. With the above observation/direction, the present writ

petition is disposed of.

(Purnendu Singh, J) chn/-

AFR/NAFR
CAV DATE
Uploading Date          05.10.2023
Transmission Date