Disposed

Rafat Jahan Shamsi v. The State of Bihar

Patna HC2 Sept 2021CWJC/1567/2021

Case brief

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What is this about?

The High Court at Patna disposed of a writ application filed by a retired primary teacher seeking payment of arrears of salary and GPF. The court directed the petitioner to file a detailed representation with the District Programme Officer (Establishment) for a reasoned disposal, rather than granting immediate relief in the writ proceedings.

What did the court decide?

The writ application was disposed of; the petitioner was directed to file a representation before the District Programme Officer regarding salary arrears.

Rafat Jahan Shamsi Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1567 of 2021

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Rafat Jahan Shamsi Retired Primary Teacher, Govt. urdu Primary School, Kabir Mohalla-Aurangabad, Wife of Md. Hamid Ansari, Resident of Mohalla Pathan Toli, Near Pathan Toli Masjic, Ward No.15, Aurangabad, PostAurangabad, P.S.- Aurangabad (Town), District _Aurangabad (Bihar), Pin824101

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

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The Principal Secretary, Education Department, Government of Bihar, Patna.

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The Director (Primary Education), Education Department, Government of Bihar, Patna.

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The District Education Officer, Aurangabad, District-Aurangabad.

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The District Programme Officer, (Establishment), Aurangabad, DistrictAurangabad.

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The Block Education Oficer, Sadar Block, Aurangabad, DistrictAurangabad.

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The District Provident Fund Officer, Aurangabad, GPF Office, Aurangabad District-Aurangabad.

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The Treasury Officer, Aurangabad, District-Aurangabad.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shakib Ayaz For the Respondent/s : Mr. Jitendra Kumar Roy, SC – 13 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 02-09-2021 Heard Mr. Shakib Ayaz, learned counsel for the petitioner and Mr. Jitendra Kumar Roy, learned Standing Counsel No. - 13 for the State through video conferencing.

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Learned counsel for the petitioner submits that part of

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the reliefs sought for by the petitioner in the present writ application has been redressed and the amount towards G.P.F.

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Patna High Court CWJC No.1567 of 2021(3) dt.02-09-2021 2/3

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and group insurance has already been paid to the petitioner. Learned counsel further submits that remaining grievance of the petitioner is that difference of arrears of salary from April, 2007 to February, 2019 amounting to Rs. 2,34,916/- has not been paid by the respondent authorities.

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Mr. Roy, learned counsel for the State submits that for the remaining grievance the petitioner may be directed to file a detailed representation before the District Programme Officer (Establishment), Aurangabad / respondent no. 5, who will dispose the representation of the petitioner in accordance with law by a reasoned order.

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In view of the submission made by learned counsel for the State, the petitioner is directed to file a detailed representation before the respondent no.– 5 i.e. District Programme Officer (Establishment), Aurangabad regarding her claim of difference of arrears of salary within a period of three weeks’ from today and if such representation is filed, the District Programme Officer (Establishment), Aurangabad / respondent no. 5 is directed to dispose of the same in accordance with law by a reasoned order within a further period of two months.

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Needless to say that if any amount is found payable to

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Patna High Court CWJC No.1567 of 2021(3) dt.02-09-2021 3/3

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the petitioner, the same shall be paid to the petitioner within a period of one month from the date of disposal of the representation.

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With the aforesaid direction and observation, the present writ application is disposed of.

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(Anil Kumar Sinha, J)

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praful/-

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Rafat Jahan Shamsi v. The State of Bihar

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Rafat Jahan Shamsi v. The State of Bihar

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