Patna High Court
Narendra vs The State Of Bihar And Ors on 5 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20065 of 2018
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Narendra, Son of Late Shree Saryoo Prasad Singh, Resident of Mohalla-
Sonvarsa Chowk, R.N.A.R. College Road Samastipur, Police Station-
Muffasil, District- Samastipur.
... ... Petitioner
Versus
1. The State Of Bihar through Commissioner-Cum-Secretary, Human
Resources Department (Higher Education), Govt. of Bihar, Patna.
2. The Director, Higher Education, Government of Bihar, Patna.
3. The Lalit Narayan Mithila University, Kameshwar Nagar Darbhanga
through its Registrar.
4. The Vice-Chancellor, Lalit Narayan Mithila University Kameshwar Nagar,
Darbhanga.
5. The Finance officer, Lalit Narayan Mithila University Kameshwar Nagar,
Darbhanga.
6. The Principal Samastipur College, Samastipur.
... ... Respondents
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Appearance :
For the Petitioner : Mr.Ranjan Kumar, Advocate
For the State : Mrs. Binita Singh, SC-28
Mr. Nishant Kumar Jha, AC to SC-28
For the University : Mr. Shailesh Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 05-10-2021
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The following reliefs as formulated by the petitioner
have been claimed in the writ petition-
"(i) For a direction to the Respondents to pay to the
petitioner the amount of unutilized leave encashment
290 days under limit 300 days without adjust of strike
period in view of the order of the Hon'ble Lokayukta as
to get earn leave 290 days entry in service book and
Patna High Court CWJC No.20065 of 2018 dt.05-10-2021
Principal sanctioned 290 days of earn leave vide
Ref.No.1123/13 dated 18.11.2013 (Annexure-1).
(ii) For a direction to the respondents to pay to the
petitioner the amount of Group Insurance with 12.5 %
compound interest.
(iii) For a direction to the Respondents to pay to the
petitioner the amount of DDA with 9% interest from
the period of 1982 to 1989.
(iv) For a direction to the Respondents to pay the
petitioner the amount of 88 days salary of strike
period because Respondents has been deducted 88
days salary of the petitioner and rest 43 days of strike
period has not been paid to the petitioner as yet.
(v) For a direction to the Respondents to pay to the
petitioner the amount of D.A. with H.R.A. from the
period of 01.01.2006 to 31.03.2010.
(vi) For a direction to the Respondents to pay to the
petitioner the amount of Panel interest upon the
entitle dues amount from the dates they became due
till the dates of their respective payment.
(vii) Any other relief (s) to which the petitioner be
deemed entitled."
3. At the very outset, learned counsel for the petitioner
fairly states that all the his claims except compound interest @
12.5 % on group insurance and D.A. with H.R.A. for the period
from 1.01.2006 to 31.03.2010 have been received and grievances
of the petitioner to that extent stand redressed. As regards
12.5% compound interest on group insurance, the petitioner has
Patna High Court CWJC No.20065 of 2018 dt.05-10-2021
been paid compound interest @ 8% against his entitlement of
12.5% in view of the judgment of a coordinate Bench of this
Court dated 09.02.2021 passed in CWJC No. 17279 of 2018 (Ram
Shankar Prasad Singh Vs. The State of Bihar and Ors.) as follows-
"Having heard learned counsel for the parties, in
the opinion of the Court, the said decision of the
Syndicate as contained in Annexure AC/3 dated
20.9.2018 would be prospective and thus the
petitioner who retired on 31.10.2015 would be
entitled for interest at the rate of 12.5 % on the
amount under the head of group insurance.
The petitioner shall file a representation before
the Registrar, L.N. Mithila University along with a
copy of this order and the Registrar will ensure
payment of the arrears of difference of amount
under the head of group insurance after
calculating the same with interest at the rate of
12.5% within a period of four months of the date
of receipt of the representation. In case the
aforesaid amount under the head of group
insurance is not paid within the aforesaid period
of four months, the petitioner shall be entitled for
cost of Rs. 10,000/-".
4. Learned counsel for the petitioner submits that it
will suffice if the present writ petition is disposed of by granting
liberty to the petitioner to file a representation before the
appropriate authority for redressal of his grievances in the light
Patna High Court CWJC No.20065 of 2018 dt.05-10-2021
of the aforesaid decision and there is no need of going into the
detailed merits of the matter.
5. Learned counsel for the respondent-University and
State appear and have been heard.
6. Having regard to the nature of grievance and stand
taken by the petitioner before this Court, the writ petition is
disposed of, with liberty to the petitioner to file a representation
before Registrar, Lalit Narayan Mithila University (Respondent
No. 3) for redressal of his grievances within a period of four
weeks from today. If any such representation is filed within the
aforesaid period, the same shall be considered and disposed of
on its own merits in accordance with law and after grant of an
opportunity of hearing to the petitioner, expeditiously and in any
even preferably within a period of eight weeks thereafter. Any
amount found payable to the petitioner upon disposal of his
representation shall be paid to him within a further period of
twelve weeks.
(Vikash Jain, J)
V.K.Pandey/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 08.10.2021
Transmission Date N.A.
