Patna High Court
Mihir Kumar Thakur vs The Vice Chancellor, Lalit ... on 20 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9091 of 2021
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Mihir Kumar Thakur Son of Late Narayan Dutta Thakur resident of Village -
Ujan Ward No. 3, P.O. - Lohna Road, Police Station Saketpur, District-
Darbhanga.
... ... Petitioner/s
Versus
1. The Vice Chancellor, Lalit Narayan Mithila University Kameshwar Nagar,
Darbhanga.
2. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar,
Darbhanga.
3. The Principal, M.H.S. College, Sarisabpahi, District - Madhubani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Jha, Advocate.
For the Respondent University : Mr. Shailesh Kumar, Advocate.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 20-12-2022
Heard Mr. Dhirendra Kumar Jha, learned counsel for the
petitioner and Mr. Shailesh Kumar, learned counsel for the
respondent Lalit Narayan Mithila University.
A rejoinder to the counter affidavit has been filed on
behalf of the petitioner. It is the stand of the petitioner that till date
the respondent authorities have not paid the deferred dearness
allowance for the period of 1983 to 1997 and save and except the
letter written by the respondent authorities of the University to the
Principal of College, seeking details of the said side statement of
DDA, there is nothing in the counter affidavit showing any sincere
effort in redressing the grievance of the petitioner ensuring
payment of admissible deferred D.A. He further submits that so far
Patna High Court CWJC No.9091 of 2021 dt.20-12-2022
the revision of pension under the 7th Pay Revision is concerned,
that has also been paid w.e.f. 2020, instead of 01.01.2016 and as
such he submits that still the grievance of the petitioner has not
been redressed.
Mr. Shailesh Kumar, learned counsel for the respondent
University, with reference to the statement made in the counter
affidavit submits that though the respondent authorities have
written letter to the Principal concerned to make available the paid
side statement of D.D.A., but the same has not been received till
date and in absence of paid side statement, the calculation is not
possible. He also submits that as soon as the said statement is
received, the calculation will be done and the payment shall be
made without any delay.
In view of the statements made on behalf of the learned
counsels for the parties, the respondent no. 3 is directed to furnish
the details of the paid side statement of D.D.A. within a period of
two weeks.
It is made clear that on receipt of the aforesaid
statement, the respondent University will ensure the payment of
the D.D.A. within a further period of four weeks.
It is also made clear that the respondent University will
also furnish the calculation chart with regard to the payment of
Patna High Court CWJC No.9091 of 2021 dt.20-12-2022
arrears of pension on account of 7th Pay Revision. If the assertion
of the petitioner would found true that till date the arrears of
pension on account of 7th Pay Revision has not been made
available, the same would also be paid to the petitioner within the
aforesaid stipulated period.
Accordingly, the present writ application stands
disposed of with aforesaid direction.
It is needless to say that if the petitioner would not
satisfy with the calculation chart and the actual amount of
payment, he would be at liberty to approach before the authority
concerned afresh by filing fresh representation and that would be
considered and disposed of expeditiously by a reasoned and
speaking order.
(Harish Kumar, J)
manoj/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.12.2022.
Transmission Date NA
