LAWS(PAT)-2001-7-80

BARUCHI JHA Vs. STATE OF BIHAR

Decided On July 09, 2001
Baruchi Jha Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties in detail.

(2.) IN this writ petition, the petitioner has assailed the validity of the order passed by the Director, Secondary Education, Bihar, Patna (respondent no.2) contained in Memo No. 4 (Legal) dated 4.1.2000 (Annexure -1) whereby and whereunder his claim for grant of extension of two years of service on the basis of his claim of being freedom fighter has been rejected and further it has been held that on his retirement on 31.7.1977 he will be entitled for the benefit under the Triple Benefit Scheme. Accordingly, respondent no.2 has directed for payment of the dues of the petitioner under the said Scheme.

(3.) ACCORDING to the case of the petitioner, his case is not covered by the Triple Benefit Scheme as he never exercised option under Clause 10 of the said Scheme, a photo copy of which has been annexed as Annexure 8. In support of this learned counsel has also placed reliance on the letter dated 13th December, 1982 of the District Education Officer, Bhagalpur, contained in Annexure 4.