Disposed

Okeshnath Jha v. The State of Bihar

Patna HC22 Jan 2024CWJC/802/2021

Case brief

AI extract

What is this about?

Legal heir of a deceased in-charge head master sought remaining retiral dues: arrears of pension from pay revision and the calculation chart of entitlements. Most dues had already been paid. The court disposed of the petition with liberty to file a representation before respondent no. 6.

What did the court decide?

Liberty to file representation before respondent no. 6 within four weeks; authority to furnish calculation chart, pass reasoned order within eight weeks, and pay any admissible amount.

Okeshnath Jha Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.802 of 2021

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Okeshnath Jha Son of Late Jitendra Jha Resident of Village - Hulas, Police Station- Raghopur, District- Supaul.

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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 Director, Primary Education, Bihar, Patna.

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The Deputy Director, Primary Education Bihar, Patna.

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The Regional Director, Primary Education, Saharsa, Bihar.

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The District Education Officer, Supaul, Bihar.

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The District Programme Officer, Supaul, Bihar.

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The Block Education Officer, Raghopur, Supaul, Bihar.

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The Head Master-cum-Drawing Disbursing Officer, Middle School Raghopur, Supaul, Bihar.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate Mr. Bal Krishna Mishra, Advocate For the Respondent/s : Ms. Meera Singh, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT

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Date : 22-01-2024

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Heard Mr. Subodh Kumar Jha, learned counsel

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appearing on behalf of the petitioner and Ms. Meera Singh, learned counsel for the State.

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The petitioner is claiming himself to be son of Late Jitendra Jha, who superannuated from the post of In-charge Head Master, Middle School Koriyapatti, Raghopur, Supaul on 31.07.2011, and died on 16.05.2017, but, surprisingly, the entire retiral dues have been paid to the petitioner, belatedly, that too, on account of intervention of the Hon’ble Court. However, the

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Patna High Court CWJC No.802 of 2021 dt.22-01-2024 2/3

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learned counsel for the petitioner fairly submits that now the substantive amount, including the head of GPF, gratuity, leave encashment and group insurance have been paid to the petitioner, but, till date, the arrears of pension, on account the pay revision, has not been accorded to him. That apart, the authorities have also not handed over the calculation chart, so that the petitioner can verify the actual entitlement of the father of the petitioner.

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At this juncture, learned counsel for the State referring to the averments made in the counter affidavit has submitted at the Bar that all the retiral dues/benefits have been accorded to the petitioner and, there is no latches on the part of the respondent authorities.

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Regard being had to the submissions advanced on behalf of the parties and considering the nature of the claim, the present writ petition stands disposed of, with a liberty to the petitioner to file a proper representation before the respondent no. 6, if the grievance of the petitioner still survived, including the revision of pay scale and the arrears thereof, preferably within a period of four weeks, from today.

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Needless to observe, in case such a representation is filed, the authority concerned shall be under obligation to

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Patna High Court CWJC No.802 of 2021 dt.22-01-2024 3/3

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furnish the calculation chart, regarding the entitlement of the petitioner and thereupon, considering the claim of the petitioner, shall pass a reasoned and speaking order, preferably within a further period of eight weeks, thereafter and, in case, any further amount is found admissible, the same shall be paid to the petitioner, within the aforenoted stipulated period.

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This disposes the writ petition.

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(Harish Kumar, J)

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shivank/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	29.01.2024.
Transmission Date	NA

Okeshnath Jha v. The State of Bihar

Case brief

What is this about?

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Okeshnath Jha v. The State of Bihar

Case brief

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