Ved Prakash Singh vs The State Of Bihar
2022 Latest Caselaw 5352 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5523 of 2021
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Ved Prakash Singh son of Suraj Singh Resident of village - Manjhaulia, P.O. - Barhanda, P.S. Minapur, District - Muzaffarpur, the retired Peon, General Section, B.R.A. Bihar University, Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. The Director Higher Education, Education Department, Government of Bihar, Patna.

4. The Vice Chancellor B.R.A. Bihar University, Muzaffarpur.

5. The Registrar, B.R.A. Bihar University, Muzaffarpur.

6. The Finance Officer, B.R.A. Bihar University, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate For the Respondent/s : Mr. Pramod Kumar Singh, (AC to SC 16) For the University : Mr. Zaki Haider, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 20-12-2022 Heard Mr. Vijay Kumar Singh, learned counsel

appearing on behalf of the petitioner, Mr. Zaki Haider, learned

counsel for the B.R.A Bihar University, Muzaffarpur and Mr.

Pramod Kumar Singh, learned AC to SC 16.

A supplementary counter affidavit has been filed on

behalf of the respondent University.

It is submitted that the University after examining the

matter of the petitioner, in view of the benefits granted to the other

similarly situated persons, has taken a decision to count the Patna High Court CWJC No.5523 of 2021 dt.20-12-2022

services of the petitioner from the initial date of appointment i.e.,

w.e.f. 01.08.1985, notionally for the purpose of computation of

pensionary benefits and notified to this effect vide office order

contained in Memo No. B/2176 dated 10.12.2022.

The respondent University undertakes to ensure

payment of admitted retiral dues after receipt of relevant pension

papers from the petitioner.

At this juncture, learned counsel for the petitioner

submits that though all the necessary required papers have already

been submitted on 19.06.2020 as has been stated in paragraph no.

13 to the writ application, however, the petitioner undertakes that

he will co-operate, in case of any need.

Having considered the submissions made on behalf of

the parties and considering the averments made by the respondent

University, the present writ application stands disposed off with a

direction to the respondent nos. 4 and 5 to ensure the payment of

all the admissible retiral dues of the petitioner preferably within a

period of ten weeks' from the date of receipt/production of a copy

of this order.

It is needless to say that any non-compliance of the

undertaking given by the respondent University, would be viewed

seriously.

Patna High Court CWJC No.5523 of 2021 dt.20-12-2022

Accordingly, the present writ petition stands disposed

off.

(Harish Kumar, J) shivank/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          21.12.2022.
Transmission Date       NA