BIRIYA BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned JC to Additional Advocate General.

(2.) REFERENCE may be made to the order dated 19.5.2000, which reads as under :

(3.) THE District Superintendent of Education, Lohardaga, who did not care to file counter -affidavit for about one year, has stated in the show -cause that the letter written by the Government Pleader No. 1 and the copy of the writ application was misplaced and. therefore, counter -affidavit could not be filed. However, the District Superintendent of Education, Ranchi has filed a counter - affidavit, in which he has admitted that the petitioner retired in 1985 as Assistant Teacher from Middle School Gagya within the District of Ranchi. It is further stated that the school from which the petitioner retired, at present falls within the district of Lohardaga which was earlier a Sub -division of Ranchi District and therefore, the retiral benefit is to be paid by the District Superintendent of Education. Lohardaga. It is further stated that the District Provident Fund Officer, Lohardaga made correspondence with him regarding payment of the provident fund and a challan to that effect has been passed from the Ranchi Treasury. It is further stated that he has written letters to the District Provident Fund Officer and District Superintendent of Education. Lohardaga, vide Memo No. 1526, dated 9.4.2001 and Memo No. 797, dated 22.2.2001 for payment of retiral dues.