Disposed

Bansidhar Mahato v. the State of Jharkhand through Director Primary Education H R D Department

Jharkhand HC11 Oct 2018WPC/636/2018

Case brief

AI extract

What is this about?

Petitioners teachers sought writ direction for payment of salaried period Provident Fund arrears deposited to their account but unpaid. Court directed respondent to verify facts against a previous judgment and extend same benefits if similar.

What did the court decide?

Direction to respondent to verify factual aspects vis-a-vis W.P.(S) No. 2376 of 2016 and extend same benefits within eight weeks if facts are similar.

Bansidhar Mahato Vs the State of Jharkhand… — Pension and Retirement Benefits | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 636 of 2018

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Bansidhar Mahato

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Khudu Mahato

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Nakul Chandra Mahato

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Golak Nath Hajam

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Srimati Karuna Bala Devi

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Kulda Bala Devi

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Tripti Das

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Sephali Mahato

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Purnima Gorai

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…… …... …… Petitioners

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Versus

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The State of Jharkhand through the Director, Primary Education, Human Resources Development Department, Ranchi.

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The Deputy Commissioner, Seraikela-Kharsawan.

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The District Superintendent of Education, Seraikela-Kharsawan.

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…… ….. ….. Respondents ------------

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CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK

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For Petitioners : Mr. Akshay Kumar Mahto, Advocate For Respondents : AC to SC (Mines)

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-----------

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04/ 11.10.2018 Heard the parties.

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The petitioners have approached this Court with a prayer for a direction upon the respondents to pay amount of Provident Fund for the period from 01.01.1971 to 31.03.1973 with upto date statutory interest i.e. till the date of actual payment.

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The case of the petitioners lies in a narrow compass. The petitioners were appointed as teachers in different Schools in between the year 1948 to 1970 and retired from their services in between the years 1987 to 2010. It is the specific case of the petitioners that after taking over of Non-Government Elementary Schools by the State Govt. w.e.f. 01.01.1973, pursuant to Govt. Resolution dated 09.02.1973, the pay-scales

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of the teachers of such Schools were revised and arrears of salary for the period from 01.01.1971 to 31.03.1973 were decided to be deposited in the Provident Fund Accounts of the Teachers of such Schools. Thereafter, the provident fund amount of petitioner Nos. 1 to 5 and late husband of petitioner Nos. 6 to 9 have been recorded and shown in Prapatra-1 prepared by the District Superintendent of Education however, they have not been paid their respective Provident Fund for the period from 01.01.1971 to 31.03.1973. The petitioners have approached before the respondent-authorities for payment of the said amount in view of the fact that similarly situated persons have already been extended the said benefits but all went in vain and as such, the petitioners have been constrained to knock the door of this Hon’ble Court.

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At the very outset, Mr. Akshay Kumar Mahato, learned counsel for the petitioners submits that this writ application is squarely covered by the order passed by this Hon'ble Court on 15.03.2018 in W.P.(S).No. 2376 of 2016 and as such, this case may be disposed of in terms of orders passed in the aforesaid case.

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On the other hand, no counter-affidavit has been filed on behalf of the respondents, however, learned counsel appearing on behalf of the respondents very fairly submits that issues involved in this writ petition has already been decided by the Hon’ble Court on 15.03.2018 in W.P.(S).No. 2376 of 2016 and the present writ petition may be disposed of in view of order passed in above mentioned case.

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In view of the fair submissions made by the learned counsel for the parties, this writ application is being disposed of in terms of the directions issued by this Hon'ble Court on 15.03.2018 in W.P.(S).No. 2376 of 2016 and if the cases of the present petitioners are found same and similar to the cases of the petitioners of W.P.(S).No. 2376 of 2016, the present petitioners are also entitled for the same benefits.

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Accordingly, I hereby direct the respondent-authorities to verify the factual aspects/ issues involved in the present writ petition vis-à-vis factual aspects/ issues

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involved in W.P.(S).No. 2376 of 2016 and if the facts/ issues involved in the present writ petition is found to be similar to the aforementioned writ petition, the same benefits may be extended to the present writ petitioners also, in accordance with law, within a period of eight weeks from the date of receipt/production of a copy of this order.

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With the aforesaid observation, writ petition stands disposed of.

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(Dr. S.N. Pathak, J.)

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kunal/

Bansidhar Mahato v. the State of Jharkhand through Director Primary Education H R D Department

Case brief

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Bansidhar Mahato v. the State of Jharkhand through Director Primary Education H R D Department

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