Patna High Court
Ashok Kr. Agrawal vs The State Of Bihar on 8 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10696 of 2023
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Ashok Kr. Agrawal son of Late Sita Ram Agrawal, Resident of House No. 06,
S.B.I. Officers Colony, Baily Road, West Mangal Market, Shekhpura, P.S.
Shastri Nagar, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Education,
Government of Bihar, Patna.
2. The Secretary, Department of Education, Government of Bihar, Patna.
3. The Magadh University through its Registrar.
4. The Vice Chancellor, Magadh University, Bodh Gaya, Gaya.
5. The Registrar, Magadh University, Bodh Gaya, Gaya.
6. The Finance Officer, Magadh University, Bodh Gaya, Gaya.
7. The Patliputra University through its Registrar.
8. The Vice Chancellor Patliputra University, Patna.
9. The Registrar, Patliputra University, Patna.
10. The Principal, S.M.D. College, Punpur, District-Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Virendra Prasad, Advocate
For the P.U. : Mr. Rana Vikram Singh, Advocate
Mrs. Rasika, Advocate
For the M.U. : Mrs. Prakritita Sharma, Advocate
For the State : Mr. Prabhakar Jha ( GP- 27 )
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 08-08-2023
Heard Mr. Virendra Prasad, learned counsel
appearing on behalf of the petitioner; Mr. Rana Vikram Singh,
learned counsel appearing on behalf of the Patliputra University;
Mrs. Prakritita Sharma, learned counsel appearing on behalf of
the Magadh University and Mr. Prabhakar Jha, learned GP-27
for the State.
2. The writ petition under consideration has been
Patna High Court CWJC No.10696 of 2023 dt.08-08-2023
filed for the following relief(s):-
"That this is an application is being
filed for issuance of a writ in the nature of
mandamus directing/commanding the Respondents
authority to pay the Gratuity amounting of Rs.
10,00,000/- differential amount of Leave
Encashment, remaining 25 % pension from
01.03.2018 to 31.03.2020, and differential amount
of arrears of salary from 01.01.2016 to 30.11.2017
on account of revision of pay scale w.e.f.
01.01.2016 with upto date Penal Interest @ 18%
delayed payment in the light of Judgement/order
dated 11.05.2022 passed in case of Lilawati
Mishra Versus The State of Bihar and others
(Reported in 2022(2) PLJR 671) and also supply
the detail calculation."
3. Learned counsel appearing on behalf of the
petitioner submitted that in paragraph nos. 24 and 25 he has
specifically stated that differential amount of arrears of pension
from 01.12.2017 to 31.03.2019, differential amount of arrears of
salary from 01.01.2016 to 30.11.2017, remaining amount of
arrears of pension from 01.04.2019 to 31.03.2020 and
differential amount of Leave Encashment and remaining amount
of gratuity is still required to be paid to the petitioner. The
petitioner is also entitled for benefit of 7 th Pay Revision with
effect from 01.01.2016.
4. Learned counsel appearing on behalf of the
petitioner informs this Court that the petitioner has already
represented before the authority concerned and the claim of the
Patna High Court CWJC No.10696 of 2023 dt.08-08-2023
petitioner has been forwarded by the Principal of the concerned
college and the delay in making payment is being caused by the
Registrar of the University.
5. Learned counsel appearing on behalf of the
University informs this Court that immediate steps will be taken
by the Registrar of the University to disburse all the dues as
claimed by the petitioner within a period of four weeks in spite
of the fact that the University is stressed due to non-availability
of fund.
6. The Vice-Chancellor, Registrar and Finance Officer
of Magadh University, Gaya, must ensure to comply with the
direction of this Court contained in CWJC No. 6852 of 2021
(Lilawati Mishra vs. The State of Bihar & Ors.) by facilitating
speedy redressal of the genuine grievance and prevent
unnecessary litigation.
7. The Vice Chancellor and the Registrar of the
University are required to personally approach the Additional
Chief Secretary, Higher Education Department, Government of
Bihar, who will at least ensure disbursal of fund, which is
required by the University for the payment to be made to the
petitioner.
8. Entire admissible dues on account of retiral benefit
Patna High Court CWJC No.10696 of 2023 dt.08-08-2023
must be paid to the petitioner after examining his claim within a
period of four weeks.
9. In case, the order is not complied with, the
petitioner may file an application for initiating a proceeding of
contempt for willful disobedience of this order.
10. With the above observation/direction, the
present writ petition is allowed.
(Purnendu Singh, J)
Niraj/Nilmani
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.08.2023
Transmission Date NA
