IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10674 of 2005 DHRUPDEO MISHRA, SON OF LATE HARIHAR MISHRA, RESIDENT OF VILLAGE KISHUNPUR MISHRAULIA, P.S. ZIRADEI, DISTRICT SIWAN, PRESENTLY POSTED AS ASSISTANT TEACHER IN PRIMARY SCHOOL, BELHI WEST, DISTRICT SIWAN. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, SIWAN. 4. THE DEPUTY DEVELOPMENT COMMISSIONER, SIWAN. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, SIWAN. 6. JANKI DEVI, WIFE OF LATE HARIHAR MISHRA, VILLAGE KISHUNPUR MISHRAULI, P.S. ZIRADEI, DISTRICT SIWAN. -------------------------------------------------------------------------------------------- RESPONDENTS With CWJC No.2723 of 2004 MOSTT.JANKI DEVI, WIFE OF LATE HARIHAR MISHRA, RESIDENT OF VILLAGE KISHUNPUR MISHRAULI, P.S. JIRADEI, DISTRICT SIWAN. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 3. THE COLLECTOR, SIWAN. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, SIWAN. 5. THE HEAD MASTER, MIDDLE SCHOOL, BHORAJPUR, ANDAR, DISTRICT SIWAN. 6. SHRI DHRUBADEO MISHRA, SON OF LATE HARIHAR MISHRA, RESIDENT OF VILLAGE KISHUNPUR MISHRAULI, P.S. JIRADEI, DISTRICT SIWAN, AT PRESENT TEACHER IN BELAHI SCHOOL, ANDAR, DISTRICT SIWAN. -------------------------------------------------------------------------------------------- RESPONDENTS ********* 4 14.2.2011 The petitioner Dhrupdeo Mishra (CWJC No. 10674 of 2005) was appointed on compassionate ground after the death of his father in the year 1994. The mother of the petitioner namely Mostt. Janki Devi was paid the entire retiral benefits. She is also receiving family pension which has now been upgraded after the implementation of the 2 sixth pay revision. After the death of the father, the petitioner looked after his entire family and got two of his sisters married. The present writ application has been filed on an application being filed by Mostt. Janki Devi that she should be paid Rs. 1800/- from the salary of the petitioner apart from what she is receiving as family pension. Admittedly the lady is living with the younger son and not with the petitioner. The complaint has been filed after 18 long years, during which period the petitioner has been looking after his family and taking all his responsibilities with all seriousness. According to the petitioner, it is the youngest brother who is responsible for such application being filed on behalf of the mother. It has been stated in Court that the petitioner has no objection and is quite willing that his mother should live with him if she so likes. In the circumstances, I find that there is no justification for the authorities to have passed an order deducting Rs. 1800/- from the salary of the 3 petitioner especially in view of the fact that Mostt. Janki Devi is receiving family pension of Rs. 3600/- which is now going to be upgraded and is sufficient for her to maintain herself. In the result, the writ application numbered as CWJC No. 10674 of 2005 is allowed and the writ application numbered as CWJC No. 2723 of 2004 is dismissed. Sanjay ( Sheema Ali Khan, J.)