Chandana Jha vs The State Of Bihar
2023 Latest Caselaw 5959 Patna

Patna High Court

Chandana Jha vs The State Of Bihar on 11 December, 2023

Author: Harish Kumar

Bench: Harish Kumar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.14449 of 2019
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     Chandana Jha D/o Bidyanand Jha, resident of Amla Tola, Town and P.S. and
     District- Katihar.

                                                        ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Principal Secretary, Department of
     Education, Government of Bihar, Patna.
2.   The B.N. Mandal University, Laloonagar, Madhepura, through the Registrar.
3.   The Vice Chancellor, B.N. Mandal University, Laloonagar, Madhepura.
4.   The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura.
5.   The Finance Officer, B.N. Mandal University, Laloo Nagar, Madhepura.
6.   The Incharge- Principal, M.J.M. Mahila College, Katihar.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Rakesh Kumar Jha, Advocate
     For the Respondent/s   :     Mr. Umesh Narayan Dubey, Advocate
     For the University     :     Mr. Ritesh Kumar, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT

Date : 11-12-2023 Heard Mr. Rakesh Kumar Jha, learned counsel

appearing on behalf of the petitioner, Mr. Umesh Narayan

Dubey, learned counsel for the State and Mr. Ritesh Kumar,

learned counsel for the B. N. Mandal University.

2. It is submitted on behalf of the petitioner that

despite having been superannuated on 31.12.2017, from the post

of Principal (In-charge) of M J M Mahila College, Katihar,

when she has not been accorded her arrears of salary and other

retiral benefits, she compelled to file the present writ petition.

However, he submits across the Board that during the pendency Patna High Court CWJC No.14449 of 2019 dt.11-12-2023

of the writ petition, substantive amount under different heads

have been paid to her except part of gratuity to the tune of Rs.

10 lakhs and the admissible amount under the head of leave

encashment.

3. Mr. Ritesh Kumar, learned counsel for the

University fairly submits that the respondent University shall

ensure the payment of the admissible amount under the head of

gratuity as well as leave encashment within reasonable period,

as the petitioner has superannuated way back in the year 2017

itself.

4. Considering the submissions made on behalf of the

learned counsel for the University, the present writ petition

stands disposed of with a direction to the respondent nos. 4 and

5 to ensure the admissible part payment of the gratuity as well

as leave encashment, preferably within a period of 8 weeks,

failing which the petitioner shall be entitled for statutory interest

over the delayed payment.

(Harish Kumar, J) shivank/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          12.12.2023.
Transmission Date       NA