IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2490 of 2001 RAMASHANKAR PRASAD S/O LATE MUSHADDI LAL, R/O VILLAGE BHAKURAHAR, PS- BAIRAGANIA, DISTT- SITAMARHI-- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR,PRIMARY EDUCATION,BIHAR,PATNA 3. THE ACCOUNTANT GENERAL, BIHAR, PATNA 4. THE SR. ACCOUNTS OFFICER/ASSTT. ACCOUNTANT GENERAL,BIHAR 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, SITAMARHI 6. THE REGIONAL DEPUTY DIRECTION OF EDUCATION, TIRHUT COMMISSIONER AT MUZAFFARPUR ----------- For the petitioner: Mr. A. K. Singh, Advocate For Respondent no.3:Mr. Mayanand Jha, JC to Mr. Jagarnath Jha, Sr. Advocate For The State: Mr. Prabhat Kumar, J.C. to GA-3 --------- 10 19.1.2009 Heard learned counsel for the parties. Petitioner was a teacher under the respondents, Bihar Government and superannuated from service on 28.2.1999 from the Middle School, Bairagania in the district of Sitamarhi. This writ application has been filed by him because his final pension and other benefits has not been fully and finally settled due to certain decision taken by the respondent State Government which affected large number of school teachers in the State of Bihar. The office order is dated 16.11.2000 which amended the provision of Fundamental Rule 22-C and this became the bone of contention between the school teachers and the State of Bihar. The matter finally travelled to Hon’ble Supreme Court which are Civil Appeal Nos. 3351-3354 of 2003 which was the case of Syed Abdul Qadir & Ors versus State of Bihar & Ors. Learned counsel appearing on behalf of the petitioner by way of rejoinder to the counter affidavit of the Accountant General has brought on record the judgment of the - 2 - Hon’ble Supreme Court dated 16th December, 2008. The judgment has resolved some of the issues and the prayer of the petitioner now is that the Director, Primary Education ought to take steps in the light of the judgment of the Hon’ble Supreme Court and to settle and resolve the matter of pension and other benefits which had arisen from the said litigation. Learned counsel points out that Hon’ble Supreme Court has categorically recorded that the order shall apply to all irrespective of the fact that a person was petitioner before the Court or not. This writ application is disposed of with a direction upon the Director, Primary Education, respondent no.2 that he shall go through the contents of the decision rendered by the Hon’ble Supreme Court which has been brought as annexure-6 to the rejoinder affidavit. If necessary take suitable advise and thereafter pass an appropriate direction or orders not only in the case of the present petitioner but may be with regard to all other such disputes which had arisen due to on going litigation in the matter. An early decision is expected by this Court in the matter. The case of the petitioner be given due priority in this regard. RPS (Ajay Kumar Tripathi,J.)