IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15310 of 2005 HARSH NATH JHA, son of Late Narayan Jha, resident of Village Bhojpandaul, P.S. Bisphi, District Madhubani. ---Petitioner Versus 1. THE STATE OF BIHAR through the Secretary, Higher Education. 2. The Secretary of the Higher Education,Government of Bihar, New Secretariat, Patna. 3. The Bihar Sanskrit Shiksha Board, through the Chairman. 4. The Chairman, Bihar Sanskrit Shiksha Board, Budha Colony, Patna. 5. The Secretary, Bihar Sanskrit Shiksha Board, Budha Colony, Patna. 6. The District Education Officer, Madhubani, District Madhubani. 7. The District General Provident Fund Officer, Madhubani. ----Respondents ----------- 6. 29.10.2010 Heard learned counsel for the petitioner and the State as well as the respondent-Board. The grievance of the petitioner is that he superannuated from the post of Headmaster of the Sanskrit School in question under the respondent-Board on 31st of March, 1993 whereas he has been paid his salary till 30th of March, 1991. In other words, salary for the period 1.4.1991 to 31.3.1993, during which the petitioner had worked as Headmaster has not been paid. It is submitted that the age of retirement of the teachers of the Sanskrit Schools is 62 years whereas the retirement of the petitioner was taken as 60 years and as such salary has not been paid for the aforesaid period of two years. Learned counsel for the petitioner has drawn the attention of this Court to the order of this Court passed in the case of similarly - 2 - situated teacher, namely, Jai Kumar Jha, vide order dated 17.5.1995 passed in CWJC No.8921 of 1994, as contained in Annexure 10, whereby this Court had allowed the said writ application taking note of the fact that under rule 20 of the Bihar Non-Government Sanskrti High Schools (Service Conditions) Rules, 1976, the age of superannuation has been fixed at 62 years. In this connection it is further submitted that similarly situated teachers, namely, Indra Kant Jha and Visheshwar Mishra have been allowed their salary till the age of 62 years as stated in paragraph 4 of the rejoinder to the counter affidavit of respondents no.3 to 5. In addition to the above, the grievance of the petitioner is with regard to the payment of G.P.F. amount of Rs.16,000/- and odd which is outstanding for payment as would be appearing from the letter of the Headmaster of the Sanskrit School in question, as contained in Annexure 1(ii) to the writ application. Learned counsel for the respondent-Board submits that aforesaid both the claims of the petitioner would be verified from the records and upon consideration, if any amount is found payable, the same would be paid. In the above circumstances, the learned counsel for the petitioner submits that for expeditious disposal of the aforesaid two grievances, the petitioner proposes to file a fresh representation before the Secretary, Bihar Sanskrit Shiksha Board, Budha Colony, Patna (respondent no.5). In case such a representation is filed stating the details of his unpaid claims as also enclosing the copy of the relevant documents, if any, in support of such claims along with the - 3 - certified copy of the present order within a period of four weeks, the grievances of the petitioner as raised in his representation be considered in accordance with law expeditiously, preferably within a period of four months on receipt of such representation, so that the grievances of the petitioner may be settled and the admitted dues, if any, may also be paid with statutory interest, if any. However, upon consideration, if any of the claims of the petitioner is not being paid, the same shall be informed to the petitioner with the reasons thereof. The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)