Patna High Court
Hrideshwar Prasad Sinha vs The State Of Bihar on 19 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17319 of 2023
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Hrideshwar Prasad Sinha Son of Late Akhileshwar Prasad Sinha Resident of
Gola Mohalla, Ara, Bhojpur, Police Station-Town Thana, District-Bhojpur at
Ara.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secreary, Department of Education,
Government of Bihar, Patna.
2. The Director, Primary Education, Government of Bihar,. Patna.
3. The Regional Deputy Director of Education, Patna Division, Patna.
4. The District Education Officer, Bhojpur at Ara.
5. The District Programme Officer (Estt.), Bhojpur at Ara.
6. The Accountant General, Veer Chand Patel Path, Patna.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Singh, Advocate
For the Respondent/s : Mr. Ajay Behari Sinha, G.A.-8
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 19-01-2024
Heard Mr. Ranjan Kumar Singh, learned counsel
appearing on behalf of the petitioner, Ms. Kalpana, learned
counsel appearing on behalf of the State and Mr. Ram Kinkar
Choubey, learned counsel appearing on behalf of the Accountant
General, Bihar.
2. The petitioner superannuated on 31.07.2017 as an
Assistant Teacher from upgraded Middle School Piparpati,
Barhara, Bhojpur, at Ara has filed the present writ petition under
Article 226 of the Constitution of India seeking a direction upon
the respondent to ensure the revision of his retiral entitlement
Patna High Court CWJC No.17319 of 2023 dt.19-01-2024
2/3
from the date of retirement with actual benefit, after fixation of
his pay with due date in terms of order / judgment dated
12.09.2022
passed in C.W.J.C. No. 15610 of 2018. It is further
submitted that the petitioner has also not been accorded the
difference of salary on account of 7th Pay Revision Commission
till date.
3. It is submitted on behalf of the petitioner that
despite having rendered more than 30 years of service the
petitioner has neither been allowed the benefit B.A. trained
scale which was due since 01.05.1997 nor granted promotion on
the post of Head Master, which was due with effect from
01.05.2001, rather his pension has been fixed on the matric
trained scale, ignoring all his entitlement. He next submitted
that the identical matter has been travelled before this Court in
CWJC No. 15610 of 2018 which was duly allowed vide
order/judgment dated 12.09.2022 with the directions to the
respondents to ensure payment of all the consequential benefits
even to those who have superannuated. He next submitted that
for redressal of his grievance representations have been filed
before the Director, Primary Education and all the other
authorities but the claim of the petitioner has not been acceeded.
4. On the other hand, learned counsel for the State
submits that she may be allowed some time to respond to the
Patna High Court CWJC No.17319 of 2023 dt.19-01-2024
averments made in the writ petition.
5. Considering the nature of the grievance as prayed
for in the writ petition this Court deems it proper to dispose of
of the writ petition with a direction to the Director Primary
Education to consider the representation of the petitioner as
contained, in Annexure P/2 series dated 02.11.2023, preferably
within a period of 10 weeks from the date of receipt/production
of a copy of the order.
6. Needless to observe that, in case, the claim of the
petitioner is found covered by the judgment rendered by this
Court in the case of Raghvendra Sharma Vs. State of Bihar in
CWJC No. 15610 of 2018, the similar benefit must be accorded
to the petitioner within the stipulated period. It is also directed
that within the aforesaid period the other grievance of the
petitioner be also looked into and readdressed by passing a
reason and speaking order.
7. Accordingly, this Writ Petition stands disposed of.
(Harish Kumar, J)
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