Citation : 2025 Latest Caselaw 17 Patna
Judgement Date : 1 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19617 of 2021
======================================================
Vishal Kumar, Son of Sri Ram Lakhan Prasad Singh, Resident of Navneet
Colony, Hanuman Nagar, Kankarbagh, P.S.- Patrakar Nagar, District and
Town- Patna, PIN- 800026.
... ... Petitioner/s
Versus
1. The State of Bihar represented through Chief Secretary, Govt. of Bihar,
Patna.
2. The Principal Secretary, Human Resources Department, Bihar, New
Secretariat, Bailey Road, Patna.
3. The Principal Secretary, Finance Department, Bihar, Old Secretariat, Patna.
4. The Director, Secondary Education Department, Bihar, Patna.
5. The Regional Deputy Director, Patna Zone, Bihar, Patna.
6. The District Programme Officer, Education Department, Patna.
7. The District Programme Officer, Education Department, Biharsharif,
Nalanda.
8. The Head- Master, Rajkiyakrit Marwari High School, Patna City, Patna.
9. The Head-Master, Mata Kasturba Balika Uchh Vidyalya, Korawan,
Islampur, Nalanda.
10. The Heads-Mistress, Bapu Samarak Balika Uchh Vidyalya, Kadamkuan,
Patna.
11. The Head-Master, Madandhari Balika Uchh Vidyalya, Bikram, Patna.
12. The Accountant General of Bihar, Patna, Birchand Patel Path, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar, Advocate
For the Respondent/s : Mr. Prabhakar Jha, GP-27
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 01-05-2025
Heard the parties.
2. The petitioner is the son of the erstwhile
employee, who superannuated form the post of Teacher on
28.02.2015
and subsequently died on 28.11.2020.
Notwithstanding the fact that mother of the petitioner Patna High Court CWJC No.19617 of 2021 dt.01-05-2025
superannuated long back in the year 2015 and died in the year
2020, the claim of retiral benefits and other dues has not been
settled till date.
3. Learned Advocate for the petitioner submitted
that to ventilate the grievance raised before this Court, the
petitioner has approached before the District Programme Officer
(Establishment), Patna as well as District Programme Officer
(Establishment), Nalanda on various occasions, but till date the
representation preferred by the petitioner has not even been
considered and disposed off.
4. Learned Advocate for the State, at the outset,
submitted that it is the fact that the husband of the erstwhile
employee is still alive and the petitioner, who claims to be the
son of the erstwhile employee, has approached this Court.
Moreover from the record, it appears that the petitioner was
asked to appear before the authority concerned along with the
documents, but he did not bother to appear with the necessary
documents.
5. Be that as it may, considering all the grievances
and the fact that the petitioner has already approached before the
concerned District Programme Officer (Establishment) for
ventilating his grievance, in order to give quietus to the
litigation, the present writ petition stands disposed off with a Patna High Court CWJC No.19617 of 2021 dt.01-05-2025
liberty to the petitioner to file a fresh representation along with
the necessary documents before the District Programme Officer
(Establishment), Patna as well as District Programme Officer
(Establishment), Nalanda at Bihar Sharif preferably within a
period of four weeks from today along with the necessary
documents and family details.
6. In case, such representation is filed by the
petitioner along with the necessary documents, both the District
Programme Officer (Establishment), Patna as well as District
Programme Officer (Establishment), Nalanda at Bihar Sharif
shall make deliberation and consider the claim of the petitioner
and dispose off the same within a period of twelve weeks from
the date of filing of such representation.
7. Suffice it to observe that in case the claim of the
petitioner finds favour, necessary consequential order shall be
passed within the aforesaid period.
8. With the aforesaid, the present writ petition
stands disposed off.
(Harish Kumar, J) uday/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 03.05.2025 Transmission Date
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