Disposed
Parash Nath Mishra and Anr. v. the State of Bihar and Ors.
Patna HCCWJC/415/2011
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CWJC No.415 of 2011 (3) dt.05-02-2013 1 IN…
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Patna High Court CWJC No.415 of 2011 (3) dt.05-02-2013
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.415 of 2011
====================================================== 1. Parash Nath Mishra S/O Sri Yugul Kishore Mishra R/O Vill Deoriya, P.O.Deoriya, P.S.Rajpur, Distt-Buxar 2. Ram Badan Mishra S/O Sri Ram Deyal Mishra R/O Vill Deoriya, P.O.Deoriya, P.S.Rajpur, Distt-Buxar .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Commissioner-Cum-Secretary, Secondary Education Bihar, Patna 3. The Special Director (Secondary Education) Bihar, Patna 4. The District Education Officer(D.E.O.) Buxar 5. The Chairman, Bihar Sanskrit Siksha Board Patna 6. The Secretary, Bihar Sanskrit Siksha Board Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shree Kant Pandey For the Respondent/s : Mr. P.K. Verma AAGV, Ms. Jahan Ara, AC to AAG V For the Board : Dr. Kamaldeo Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 3 05-02-2013 The petitioners submit that they have been appointed as Assistant teacher in Ramadhin Mishra Bhaskaryodya Primarycum- High School, Deoriya, Buxar by the Managing Committee vide resolution no.2 dated 11.2.1978. At the time of appointment, petitioner no.1 having qualification of Shastri and petitioner no.2 Madhyama and their services were approved by the Sanskrit Siksha Parishad vide memo no.2296 dated 13.4.1978. The petitioners submit that after advertisement, they were permanently appointed by the Managing Committee vide
Patna High Court CWJC No.415 of 2011 (3) dt.05-02-2013
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resolution no.4 dated 20.11.1978 and further their services were recommended for permanent approval vide letter no.602 dated 24.11.1978 (Annexure-2). Thereafter, the Bihar Sanskrit Siksha Parishad, Patna approved the appointment of the petitioners vide memo no.2675 dated 15.12.1978 (Annexure-3). The petitioners submit that they received their salary till December, 1995. The petitioners pray for a direction to the respondent authorities for payment of their salary and other emoluments including Dearness Allowance w.e.f. December, 1995. The petitioners submit that they were appointed against the sanctioned posts and the respondent authorities ought not to have withheld their salary. The petitioners further submit that similar issues came for consideration before a Division Bench this Court, in which I was a party, in C.W.J.C.No.876 of 1995 (Uma Nath Tiwary Vs The State of Bihar), disposed of by order dated 18.4.2011.
The petitioners submit that the issue involved in the instant case is fully covered in the aforesaid case.
Having considered the submissions of the parties, this writ application is disposed of with a direction to the Chairman, Bihar Sanskrit Siksha Board, Patna, respondent no.5, to examine the case of the petitioners and in case it is found that the case of the petitioners is covered under the decision of the Division Bench of
Patna High Court CWJC No.415 of 2011 (3) dt.05-02-2013
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this Court, as referred to above, then similar treatment would be accorded to the petitioners as well in respect of payment of arrears of salary and other emoluments.
(Samarendra Pratap Singh, J)
KHAN/-
Parash Nath Mishra
Ram Badan Mishra
The State Of Bihar
The Commissioner-Cum-Secretary, Secondary Education Bihar
The Special Director (Secondary Education) Bihar
The Chairman, Bihar Sanskrit Siksha Board Patna
Samarendra Pratap Singh
As recorded by the court registry
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