Patna High Court
Prabhakar Jha vs The State Of Bihar on 23 July, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17660 of 2024
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1. Prabhakar Jha Son of Krishankant Jha, resident of village- Manpaur, P.S. -
Banipatti, District- Madhubani.
2. Ghuran Jha, Son of Puniyanand Jha, resident of village- Manpaur, P.S. -
Benipatti, District- Madhubani.
3. Shobhit Kamat, Son of Bauelal Kamat, resident of Village- Manpaur, P.S. -
Benipatti, District- Madhubani.
4. Urmila Devi, Wife of Late Shaktinath Jha, resident of village- Gangauli, P.S.
- Pandaul, District- Madhubani.
5. Ganganath Jha, Son of Shobhanath Jha, resident of village- Raje-Chakraje,
P.S.- Manigachhi, District- Madhubani.
6. Balakant Jha, Son of Jeebachh Jha, resident of village- Mailam, P.S. -
Andhara- Thadhi, District- Madhubani.
7. Nagendra Jha, Son of Shreekant Jha, resident of Village - Gamahriya-
Manpaur, P.S. - Benipatti, District- Madhubani.
8. Nageshwar Mishra, Son of Amiri Mishra, resident of village- Akaur, P.S -
Benipatti, District- Madhubani.
9. Dharm Kant Jha, Son of Balbodh Jha, resident of village- Depura, P.S. -
Benipatti, District- Madhubani.
10. Sonjhari Devi, Wife of Jaynath Thakur, resident of village- Adhwari, P.S.
Benipatti, District- Madhubani.
11. Sudarshan Jha, Son of Jaykrishan Jha, resident of village- Gamahriya-
Manpaur, P.S. - Benipatti, District- Madhubani.
12. Meera Jha, Wife of Late Anirudh Jha, resident of Village- Satlakha, P.S. -
Rahika, District- Madhubani.
13. Digambar Jha, Son of Late Madhukant Jha, resident of Village- Benipatti,
P.S.- Benipatti, District - Madhubani.
14. Rajendra Prasad Mandal, Son of Dukhran Mandal, resident of village-
Karmegh, P.S. - Khutauna, District - Madhubani.
15. Asha Devi, Wife of Late Sundarnath Jha, resident of Village- Khojpur, P.S. -
Babubarhi, District- Madhubani.
16. Udaygar Devi, Wife of Late Mahendra Jha, resident of Village- Deohar, P.S.
- Andhara-Thadhi, District - Madhubani.
... ... Petitioner/s
Patna High Court CWJC No.17660 of 2024 dt.23-07-2025
2/5
Versus
1. The State of Bihar through the Principal Secretary, Department of Education
Government of Bihar, Patna.
2. The Special Director, Secondary Education, Government of Bihar, Patna.
3. The District Magistrate, Madhubani, District- Madhubani.
4. The District Education Officer-Cum-District Planning Officer, Madhubani,
District- Madhubani.
5. The District Provident Fund Officer, Madhubani, District- Madhubani.
6. The District Programme Officer, Madhubani, District- Madhubani.
7. The Chairman, Bihar Sanskrit Shiksha Board, Patna.
8. The Secretary, Bihar Sanskrit Shiksha Board, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha, Adv.
For the Respondent/s : Mr. Yogendra Pd. Sinha, AAG 7
For the BSSB : Mr. Satyam Shivam Sundaram, Adv.
Mr. Ankit, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 23-07-2025
Heard the parties.
2. The petitioners before this Court are Assistant
Teachers and some of them are their legal heirs of the deceased
employee, duly appointed by the Managing Committee of the
concerned Schools and approved by the Bihar Sanskrit Shiksha
Board.
3. The petitioners, on being aggrieved with the action
of the respondents in not extending the payment of provident
fund amount, which is due in the form of dearness allowance
and salary deposited in the general provident fund account of
the petitioners along with statutory interest, have approached
Patna High Court CWJC No.17660 of 2024 dt.23-07-2025
this Court by filing the present writ petition.
4. At the outset, learned Advocate for the petitioners
contended that similarly situated persons approached this Court
in CWJC No. 11156 of 2017 and the same came to be disposed
of with a direction to the District Programme Officer,
(Establishment) as follows:
"5. The District Programme Officer
(Establishment) must ensure that specific direction
has been given to the District Education Officer to
provide all the necessary deduction statement to the
authority concern. In case the District Programme
Officer (Establishment) finds it proper to get
assistance of the District Education Officer in that
case, he may proceed to call the District Education
Officer with all the documents relating to the
individual petitioners. The representation of the
petitioners must be disposed of by ensuring
payment on account of General Provident Fund
within a period of six weeks."
5. When the direction of this Court has not been
complied; in such circumstances, the petitioners of the said writ
petition left with no option but to file a contempt petition.
Finally the payment has been made in their favour. The case of
the petitioner is identical to the petitioners of CWJC No. 11156
of 2017, is the contention of the learned Advocate for the
petitioners.
6. Learned Advocate for the State fairly submitted that
a counter affidavit has been filed on behalf of the respondent
Patna High Court CWJC No.17660 of 2024 dt.23-07-2025
nos. 1 and 2. The Principal Secretary, Education Department,
Government of Bihar vide its letter no. 93 dated 28.01.2021 had
already directed all the District Education Officers
(Establishment) to ensure payment of amount of General
Provident Fund to the employees of Sanskrit Schools through
CFMS and to submit a report. The Additional Chief Secretary,
Education Department, Bihar, Patna also sent a D.O. Letter No.
399 dated 25.03.2021 to the District Education Officer,
Madhubani to ensure admissible claim of the teaching and non-
teaching employees of Sanskrit Schools and to make available
the compliance report forthwith. The copy of both the letters
have been placed on record.
7. In view of the submissions advanced on behalf of
the respective parties, the present writ petition stands disposed
of in terms of the order dated 15.05.2019 passed in CWJC No.
11156 of 2017.
8. The petitioners are at liberty to file their respective
representation before the District Education Officer, Madhubani
with all the details, who shall consider the claim of each of the
petitioners and dispose of the same. If the claim of the
petitioners find favour, necessary payment shall be made after
calculating interest on per with the other similarly situated
Patna High Court CWJC No.17660 of 2024 dt.23-07-2025
persons preferably within a period of eight weeks from the date
of receipt/production of a copy of this order.
9. The writ petition stands disposed of.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 24 .07.2025
Transmission Date
