Dr. Dasharath Prasad Yadav vs The State Of Bihar
2023 Latest Caselaw 3570 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.10586 of 2023
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Dr. Dasharath Prasad Yadav Son of Late Banarsi Yadav, Resident of Raj Nagar, Khagaul Road, P.S. Khagaul, 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, Bodh Gaya, Gaya.

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 Principal Kisan College, Sohsarai, Biharsharif, District - Nalanda (Bihar).

8. The Patliputra University through its Registrar, Patna.

9. The Vice Chancellor, Patliputra University, Patna.

10. The Registrar, Patliputra University, Patna.

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

For the Petitioner/s : Mr. Virendra Prasad, Advocate For the P.U. : Mr. Rana Vikram Singh, Advocate Ms. Rasika, Advocate For the M.U. : Mr. Siddharth Prasad, Advocate For the State : Mr. Rajeev Ranjan, AC to GP-20 ====================================================== 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;

Mr. Siddharth Prasad, learned counsel appearing on behalf of

the Magadh University and Mr. Rajeev Ranjan, learned AC to

learned GP-20 for the State.

2. The writ petition under consideration has been Patna High Court CWJC No.10586 of 2023 dt.08-08-2023

filed for 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, 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 01.03.2018 to 31.03.2019, differential amount of arrears of

salary from 01.01.2016 to 28.02.2018, 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

petitioner has been forwarded by the Principal of the concerned Patna High Court CWJC No.10586 of 2023 dt.08-08-2023

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

must be paid to the petitioner after examining his claim within a Patna High Court CWJC No.10586 of 2023 dt.08-08-2023

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