Patna High Court
Okeshnath Jha vs The State Of Bihar on 22 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.802 of 2021
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Okeshnath Jha Son of Late Jitendra Jha Resident of Village - Hulas, Police
Station- Raghopur, District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Director, Primary Education, Bihar, Patna.
3. The Deputy Director, Primary Education Bihar, Patna.
4. The Regional Director, Primary Education, Saharsa, Bihar.
5. The District Education Officer, Supaul, Bihar.
6. The District Programme Officer, Supaul, Bihar.
7. The Block Education Officer, Raghopur, Supaul, Bihar.
8. The Head Master-cum-Drawing Disbursing Officer, Middle School
Raghopur, Supaul, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate
Mr. Bal Krishna Mishra, Advocate
For the Respondent/s : Ms. Meera Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 22-01-2024
Heard Mr. Subodh Kumar Jha, learned counsel
appearing on behalf of the petitioner and Ms. Meera Singh,
learned counsel for the State.
2. The petitioner is claiming himself to be son of Late
Jitendra Jha, who superannuated from the post of In-charge
Head Master, Middle School Koriyapatti, Raghopur, Supaul on
31.07.2011
, and died on 16.05.2017, but, surprisingly, the entire
retiral dues have been paid to the petitioner, belatedly, that too,
on account of intervention of the Hon'ble Court. However, the
Patna High Court CWJC No.802 of 2021 dt.22-01-2024
learned counsel for the petitioner fairly submits that now the
substantive amount, including the head of GPF, gratuity, leave
encashment and group insurance have been paid to the
petitioner, but, till date, the arrears of pension, on account the
pay revision, has not been accorded to him. That apart, the
authorities have also not handed over the calculation chart, so
that the petitioner can verify the actual entitlement of the father
of the petitioner.
3. At this juncture, learned counsel for the State
referring to the averments made in the counter affidavit has
submitted at the Bar that all the retiral dues/benefits have been
accorded to the petitioner and, there is no latches on the part of
the respondent authorities.
4. Regard being had to the submissions advanced on
behalf of the parties and considering the nature of the claim, the
present writ petition stands disposed of, with a liberty to the
petitioner to file a proper representation before the respondent
no. 6, if the grievance of the petitioner still survived, including
the revision of pay scale and the arrears thereof, preferably
within a period of four weeks, from today.
5. Needless to observe, in case such a representation
is filed, the authority concerned shall be under obligation to
Patna High Court CWJC No.802 of 2021 dt.22-01-2024
furnish the calculation chart, regarding the entitlement of the
petitioner and thereupon, considering the claim of the petitioner,
shall pass a reasoned and speaking order, preferably within a
further period of eight weeks, thereafter and, in case, any further
amount is found admissible, the same shall be paid to the
petitioner, within the aforenoted stipulated period.
6. This disposes the writ petition.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 29.01.2024.
Transmission Date NA
