Birendra Prasad Singh vs The State Of Bihar Through The ...
2022 Latest Caselaw 2956 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.777 of 2021
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Birendra Prasad Singh Son of Late Ramdeo Singh resident of Near Shiv Mandir Sri Krishna Nagar Ahri, P.s. - Aurangabad, District- Aurangabad.

... ... 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 S.P. Jain College, Sasaram, District- Rohtas.

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Respondent/s : Mr. Kameshwar Kumar, GP-17 For the 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 Chemistry in March, 2020, has been claiming his

retiral dues viz., gratuity, leave encashment, Group insurance and

arrears of ACP. The fact of the case is that the petitioner was

earlier appointed as Laboratory Incharge of Chemistry in J.L.N.

University, Dehri-on-Sone, Rohtas at Sasaram as per staffing

pattern in the year 1980 and subsequently, adjusted on the

sanctioned post in the year 2011 in S.P. Jain College, Rohtas at

Sasaram.

Patna High Court CWJC No.777 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. 15427/2017 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.15427/2017, directed for

payment of retiral dues subject to the final outcome of the LPA.

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 Patna High Court CWJC No.777 of 2021 dt.18-05-2022

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 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.

Patna High Court CWJC No.777 of 2021 dt.18-05-2022

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