Patna High Court
Bijay Bahadur Singh @ Bijai ... vs The State Of Bihar Through The ... on 18 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2204 of 2021
======================================================
Bijay Bahadur Singh @ Bijai Bahadur Singh, Son of Late Ramji Roy @
Ramjee Singh, Resident of Village-Mathila, P.S.-Koransarai, District-Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Bihar, Patna.
2. The Director, Higher Education, Patna.
3. Veer Kuwar Singh University, Ara through its Registrar.
4. The Vice-Chancellor, Veer Kuwar Singh University, Ara.
5. The Registrar, Veer Kuwar Singh University, Ara.
6. The Principal, M.V. College, Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Respondent/s : Mr. Shashi Shekhar Tiwary, AC to AAG-10
For the Veer Kuwar University: Mr. Ritesh Kumar, Advocate
Mr. Vivekanand Pathak, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL JUDGMENT
Date : 18-05-2022
Heard the parties.
2. The petitioner, retired from the post of
Laboratory Incharge of Physics in January 2019, has been
claiming his retiral dues viz., gratuity, leave encashment,
Group insurance and arrears of ACP. The fact of the case is
that the petitionerwas earlier appointed as Laboratory
Incharge of Physics in M.V. College, Buxar as per staffing
pattern in the year 1982 and subsequently, adjusted on the
sanctioned post in the year 2011.
Patna High Court CWJC No.2204 of 2021 dt.18-05-2022
3. Learned counsel for the petitioner submits that
on 22.08.2017, the Registrar of the University asked the
concerned College not to take work from the petitioner and
other similarly situated persons against which the petitioner
and others approached this Court in CWJC No. 14653/2017
and during pendency of this writ application, the petitioner
and others were terminated on 29.06.2019 which was also
challenged in the same writ application and ultimately, the
writ application was allowed and order of termination was set
aside.
4. Learned counsel further submits that one
similarly situated person, namely, Rajgrihi Sharma
approached this Court for payment of retiral dues vide CWJC
No. 6257/2109 and the Co-ordinate Bench of this Court after
taking into consideration the objection of the University that
an LPA bearing No. 55/2020 has been preferred before the
Division Bench of this Court against the order of the writ
petition filed by the petitioner and other similarly situated
persons passed in CWJC No.14653/2017, directed for
payment of retiral dues subject to the final outcome of the
LPA.
Patna High Court CWJC No.2204 of 2021 dt.18-05-2022
5. Referring to Annexure-12 Series which is an
order passed by this Court in the case of similarly situated writ
petitioners bearing CWJC No. 6257/2019, learned counsel
submits that the case of the petitioner is squarely covered by
the judgment and order of this Court and the present writ
application may be disposed in terms of order passed in
CWJC No. 6257/2019.
6. Mr. Ritesh Kumar, learned counsel appearing
for the University as well as that of State submit that the State
Government has preferred LPA against the order passed in
CWJC No. 14653/2017 as well as against the writ application
filed by one Rajgrihi Sharma vide CWJC No.6257/2019.
Accordingly, no employee has been paid his retiral dues and
the present petitioner has been paid provident fund only by the
University.
7. Having heard learned counsel for the parties and
taking into consideration the submission of learned counsel
for the petitioner that the fact of the case of the petitioner is
squarely covered by the judgment and order passed by this
Court in CWJC No. 6257/2019 and the same has not been
controverted by the learned counsel for the University except
Patna High Court CWJC No.2204 of 2021 dt.18-05-2022
the fact that none of the employees has been paid his retiral
dues by the University, I allow this application exactly in
terms of order dated 23.03.2021 passed by this Court in
CWJC No.6257/2019 and the University is directed to make
payments towards retiral/pensionary benefits of the petitioner
within the same period as directed in the aforesaid judgment
passed by this Court.
8. Needless to say that such payments made to the
petitioner would be subject to the final outcome of the LPAs
preferred by the University and the State.
(Anil Kumar Sinha, J)
S.Ali/-
AFR/NAFR
CAV DATE
Uploading Date 20.05.2022
Transmission Date
