Patna High Court
Md. Angej vs The State Of Bihar on 8 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8274 of 2023
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Md. Angej Son of Late Md. Mobinuddin, Resident of Mohalla- Khajepur,
Sadpura, Ward No. 34, P.S. Kazi Mohammadpur, District- Muzaffarpur, the
retired Daftari, Registration 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 Additional Chief 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
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Appearance :
For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate
Mr. Abhinav Shandilya, Advocate
For the University : Mr. Satyendra Narayan Singh, Advocate
For the State : Mr. Madanjeet Kumar (GP-20)
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 08-08-2023
Heard Mr. Vijay Kumar Singh, learned counsel
appearing on behalf of the petitioner; Mr. Satyendra Narayan
Singh, learned counsel appearing on behalf of the B.R.A. Bihar
Unversity, Muzaffarpur and Mr. Madanjeet Kumar, learned GP-
20 for the State.
2. The writ petition under consideration has been
filed for following relief(s):-
"For issuance of an appropriate writ
in the nature of MANDAMUS ,commanding and
directing the Respondent Authorities for payment
of following retiral dues of the petitioner counting
Patna High Court CWJC No.8274 of 2023 dt.08-08-2023
his services from the date of his initial appointment
i.e. 16.10.1982 for which he is entitled in view of
his retirement from service on 31.01.2023:-
(a) Pension;
(b) General Provident Fund;
(c) Leave Encashment;
(d) Gratuity;
(e) Group Insurance
(f) Other benefits for which the petitioner is legally
entitled but it has not been paid to the petitioner
(II) For issuance of an appropriate writ in the
nature of MANDAMUS ,commanding and
directing the Respondent Authorities with interest
till it is actually paid to him on the ground that for
any delay caused in the payment of retirement
benefits attributable to the Respondents , the
petitioner cannot be made to suffer in the evening
of his life.
(III) For issuance of any other appropriate
writ/writs, order/orders, direction/directions for
which the writ petitioner shall be found entitled
under the facts and circumstances of the case."
3. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has retired on 31.01.2023.
However, he has not been paid G.P.F., leave encashment, group
insurance along with pension and gratuity.
4. Learned counsel submits that the case of the
petitioner is squarely covered by the Judgment dated
25.07.2016, passed by this Court in C.W.J.C. No. 6476 of 2013
(Ramjee Paswan & Ors. Vrs. The Baba Saheb Bim Rao
Ambedkar University & Ors.) as well as the Judgment dated
30.08.2018, passed in C.W.J.C. No. 6368 of 2012 (Ramanand
Patna High Court CWJC No.8274 of 2023 dt.08-08-2023
Thakur & Ors. Vrs. The State of Bihar).
5. The petitioner seeks to file comprehensive
representation before the Registrar of the University.
6. The Registrar of the University must dispose of
the representation after giving proper opportunity of hearing
and on the consideration of records relating to the petitioner
pass final order in terms of the judgment/orders relied by the
petitioner. In case, it is found that in case of any similarly
situated employee, payments have been made, the petitioner
must be given the same benefit forthwith.
7. The representation of the petitioner is directed to
be considered and disposed of in accordance with law and
payments, if admissible, be made along with statutory interest
on account of delay payment within six weeks.
8. With above observation and direction, the
present writ petition is disposed of.
(Purnendu Singh, J)
Niraj/Nilmani
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 10.08.2023
Transmission Date N/A
