Dismissed

Usha Devi and Ors. v. The State Of Bihar and Ors.

Patna HC24 Oct 2013CWJC/18331/2013

Case brief

AI extract

What is this about?

This Court disposed of a writ application seeking to quash the termination of three petitioners as Tola Sevaks. The Court dismissed the application for the termination petition noting the significant delay, but directed competent authorities to pay unpaid remuneration within three months if verified.

What did the court decide?

Writ application dismissed regarding termination order; direction to authorities to pay unpaid remuneration within three months if verified.

Usha Devi and Ors. Vs The State Of Bihar and… — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.18331 of 2013

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====================================================== 1. Usha Devi, wife of Sunil Chaudhary

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Sri Nath Rajak, son of late Chaudhary Rajak, resident of village Baur, P.S. Rafiganj, District Aurangabad

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Lal Mohan Rajak, son of Ramdeep Rajak, resident of village Kotwara, P.S. Rafiganj, District Aurangabad (Bihar)

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.... .... Petitioner/s

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Versus

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The State Of Bihar through the Principal Secretary, Department of Human Resources Development, Govt. of Bihar, Patna 2. The District Magistrate, Aurangabad

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The District Education Officer, Aurangabad

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The Block Education Extension Officer, Rafiganj, Aurangabad

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The District Programme Officer, Aurangabad

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The Headmaster, Primary School, Akouni, P.S. Rafiganj, (Aurangabad) .... .... Respondent/s ====================================================== Appearance :

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For the Petitioner/s : Mr. Anirudh Kumar Verma For the Respondent/s : Mr. Gautam Bose

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====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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2 24-10-2013 Heard learned counsel for the parties as with regard to the

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following releifs prayed in this writ application:-

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"For setting aside the order dated termination from the post of Tola Sevak passed by the concerned authority on the basis of holding Madhyama as not equivalent to Matric as per the letter issued by the Project Director, Bihar Education Project Council vide letter no. AIE/AUA/175/2009-10/5334 dated 12.10.2009."

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Having regard to the fact that the impugned order of termination of service of the petitioners was passed way back some three and half years back on 23.3.2010 this Court in absence

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Patna High Court CWJC No.18331 of 2013 (2) dt.24-10-2013

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of any reasonable explanation is not inclined to interfere with the same, especially when it is in relation to contractual post of Tola worker.

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As with regard to the grievance of non payment of their remuneration this Court would only absence that if the petitioners have worked prior to their termination of service, the competent authority after examining this aspect as to whether any portion of their remuneration for the actual worked done by them has remained unpaid would take an appropriate decision and in the event it would be found that the petitioners have not been paid their remuneration for any work actually done by them, the competent authority will ensure its payment to the petitioners within a period of three months from the date of receipt of this order.

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Subject to the aforementioned observation and direction this writ application is dismissed.

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(Mihir Kumar Jha, J)

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surendra/-

Usha Devi and Ors. v. The State Of Bihar and Ors.

Case brief

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Usha Devi and Ors. v. The State Of Bihar and Ors.

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