Patna High Court
Dhirendra Narayan Jha vs The State Of Bihar on 20 March, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15975 of 2023
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1. Dhirendra Narayan Jha Son of Raj Dev Jha Resident of Village- Chamunda
Nagar, Parhi, District- Madhubani.
2. Rajendra Mahto Son of Late Dular Chandra Mahto Resident of Village-
Parmeshra, Ward No. 08, P.O.- Rupauli, P.S.- Rupauli, District- Madhubani.
3. Ram Lakhan Mahto Son of Harish Chandra Mahto Resident of Village-
Kajmalthur, Ward No. 09, P.O.- Harbhanga, P.S. Laukahi, District-
Madhubani.
4. Jay Prakash Jha Son of Chandrakant Jha Resident of Village- Tamuria, P.S.-
Lakhnaur, Panchayat Tamuria, District- Madhubani.
5. Radha Kant Mishra Son of Umakant Mishra Resident of Village- Tamuria,
P.S.- Lakhnaur, Panchayat Tamuria, District- Madhubani.
6. Bhairab Mishra Son of Bhagawan Das Resident of Village- Tamuria, P.S.-
Lakhnaur, Panchayat Tamuria, District- Madhubani.
7. Kunti Devi Wife of Chandrabhanu Jha Resident of Village- Sagram, P.S.-
Rahua, District- Madhubani.
8. Chandrakant Mishra @ C.K. Mishra Son of Mahadev Mishra Resident of
Village- Maibi, District- Madhubani.
9. Triveni Devi Wife of Ramanand Jha Resident of Village- Tamuria, P.O.-
Lakhnaur, Panchayat Tamuria, P.S.- Lakhnaur, District- Madhubani.
10. Indra Narayan Thakur Son of Late Dayakant Thakur Resident of Village-
Tamuria, P.O.- Lakhnaur, Panchayat Tamuria P.S.- Lakhnaur, District-
Madhubani.
11. Yugal Kishore Jha Son of Anirudh Jha Village- Rahua, P.S.- Rahua, District-
Madhubani.
12. Arun Kumar Jha Son of Ganga Prasad Jha Resident of Village- Rahua, P.O.
and P.S.- Rahua, District- Madhubani.
13. Mahesh Kant Jha Son of Guran Jha Resident of Village- Rahua, Ward No.
02, P.S.- Rahua, District- Madhubani.
14. Uday Kant Jha Son of Rasbihari Jha Resident of Village- Rahua, P.O.-
Rahua Sangram, P.S.- Rahua, District- Madhubani.
15. Pramod Kumar Mishra Son of Tej Narayan Mishra Resident of Village-
Rahua, P.O.- Rahua Sangram, P.S.- Rahua, District- Madhubani.
16. Harishankar Thakur Son of Nirbhushana Thakur Resident of Village-
Patna High Court CWJC No.15975 of 2023 dt.20-03-2025
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Belauncha, P.S.- Madhepur, District- Madhubani.
17. Ramdev Prasad Son of Nandlal Prasad Resident of Village- Pure Belauncha,
P.S.- Madhepur, District- Madhubani.
18. Shyam Jha Son of Tilanand Jha Resident of Village and P.O.- Bheja, P.S.-
Bheja, District- Madhubani.
19. Motikant Mishra Son of Anand Mishra Resident of Village and P.O.- Bheja,
P.S.- Bheja, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Principal Secretary Department of Education, Government of Bihar,
Patna.
3. The Special Director, Secondary Education, Government of Bihar, Patna.
4. The District Education Officer-cum-District Planning Officer, Madhubani.
5. The District Programme Officer, Madhubani.
6. The Chairman, Bihar Sanskrit Shiksha Board, Patna.
7. The Secretary, Bihar Sanskrit Shiksha Board, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vikash Kumar Jha, Advocate
For the State : Mr.Madanjeet Kumar, GP 20
For BSSB : Mr. Satyam Shivam Sundram, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 20-03-2025
Heard Mr. Vikash Kumar Jha, learned Advocate for
the petitioners and learned Advocates for the State as well as the
Bihar Sanskrit Shiksha Board.
2. The petitioners were teachers, who worked either
on the post of Assistant Teachers or on the post of Head master
in their respective schools and some of them are their legal
Patna High Court CWJC No.15975 of 2023 dt.20-03-2025
heirs, approached this Court for grant of provident fund amounts
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 till the date of its
payment for which the petitioners are legally entitled.
3. At the outset, learned Advocate for the petitioner
contended that similarly situated persons approached before 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."
4. 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
Patna High Court CWJC No.15975 of 2023 dt.20-03-2025
of 2017, is the contention of the learned Advocate for the
petitioner.
5. Learned Advocate for the State fairly submitted that
a counter affidavit has been filed on behalf of the respondent no.
5. 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.
6. 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.
7. 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
Patna High Court CWJC No.15975 of 2023 dt.20-03-2025
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
persons preferably within a period of eight weeks from the date
of receipt/production of a copy of this order.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 21.03.2025
Transmission Date
