Patna High Court
Jawahar Lal Sah vs The State Of Bihar on 8 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7613 of 2023
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Jawahar Lal Sah son of Bhuneshwar Sah, Resident of Village and P.O.
Narvra, P.S. Tariyani, District-Sheohar, the retired Peon, Girls Hostel, B.U.
Campus, B.R.A. Bihar University, Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal 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
For the State : Mr. Madan Jeet Kumar ( GP- 20 )
For the University : Mr. Binay Kumar Singh, Advocate
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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. Madan Jeet
Kumar, learned SC-20 appearing on behalf of the State and Mr.
Binay Kumar Singh, learned counsel for the B.R.A. Bihar
University, Muzaffarpur.
2. The present writ petition 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 his
services from the date of his initial appointment i.e.
09.09.1983 for which he is entitled in view of his
Patna High Court CWJC No.7613 of 2023 dt.08-08-2023
retirement from service on 31.01.2022:-
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 to pay the
aforesaid amount to the petitioner 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 31.01.2022.
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.7613 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. Accordingly, the present writ petition is disposed
of.
(Purnendu Singh, J)
Niraj/Nilmani
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.08.2023
Transmission Date NA
