Patna High Court
Ishwar Chandra Roy vs The State Of Bihar on 31 July, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21235 of 2021
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Ishwar Chandra Roy Son of Ram Bahadur Roy Resident of Mohalla - Gandhi
Ashram, Anwarpur, P.O. Hajipur, P.S. Hajipur, District- Vaishali at Hajipur,
the retired Routine Clerk, R.N. College, Hajipur, District- Vaishali at Hajipur.
... ... 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.
7. The Principal, R.N. College, Hajipur, District- Vaishali at Hajipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vijay Kumar Singh, Adv.
For the State : Mr. Madhaw Pd. Yadaw (Gp23),
Ms. Meera Singh, AC to GP-23
For B.R.A.B. Univ. : Ms. Meera Singh, Adv.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 31-07-2023
Heard Mr. Vijay Kumar Singh, learned counsel for the
petitioner, Mr. Madhaw Pd. Yadaw and Ms. Meera Singh, learned
counsels appearing on behalf of the State and Ms. Meera Singh,
learned counsel appearing on behalf of the University.
2. The present writ petition has been filed for following
relief(s) :
Patna High Court CWJC No.21235 of 2021 dt.31-07-2023
"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.
18.02.1982 for which he is entitled in view of
his retirement from service on 31.01.2020:-
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 31.01.2020. However, he
Patna High Court CWJC No.21235 of 2021 dt.31-07-2023
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.6207 of
2023(2) dt.06-07-2023 3/3 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 is directed to 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,
Patna High Court CWJC No.21235 of 2021 dt.31-07-2023
if admissible, be made along with statutory interest on account of
delay payment within six weeks.
8. The writ petition stands disposed of.
(Purnendu Singh, J)
pravinkumar/-
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