Patna High Court
Braj Nandan Singh vs The Veer Kuer Singh University, ... on 3 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1194 of 2023
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Braj Nandan Singh Son of Late Bhagwan Singh Resident of New Area
(Employment Exchange Gali), Dehri, Ward No. 18, Post Office- Dalmianagar,
District- Rohtas, PIN- 821305.
... ... Petitioner/s
Versus
1. The Veer Kuer Singh University, Ara through its Registrar, Ara University
Campus at Ara, District - Bhojpur.
2. The Vice-Chancellor, Veer Kuer Singh University, Ara, University Campus
at Ara, District- Bhojpur.
3. The Finance Officer, Veer Kuer Singh University, Ara, University Campus,
District- Bhojpur.
4. The Principal, Jawahar Lal Nehru College, Dehri-on-Sone at Dehri, District-
Rohtas, PIN- 821307.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Binod Bihari Singh, Advocate.
For the University : Mr.Kinkar Kumar, Advocate.
Mr. Ashutosh Kumar Upadhyaya, Advocate.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 03-05-2023
Heard Mr. Binod Bihari Singh, learned counsel
appearing on behalf of the petitioner and Mr. Kinkar Kumar,
learned counsel along with Mr. Ashutosh Kumar Upadhyaya,
learned counsel for the Veer Kuer Singh University, Ara.
2. The petitioner has filed the present writ
application for the following reliefs:
(a) For issuance of an order / direction by issuing appropriate writ
/ writs to the Respondents to pay the retiral dues against arrears
of difference of salary since 30.08.1992 (date of promotion from
Reader to University Professor) to 31.07.2009 (date of
superannuation) and dues against difference of pension and D.A.
for the period from 01.08.2009 to January, 2016 in terms of
Annexure-3 and 4 respectively to the petitioner along with
suitable interest on it.
Patna High Court CWJC No.1194 of 2023 dt.03-05-2023
3. 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 six weeks.
4. In the meantime, the Vice Chancellor of the
University must ensure that the Registrar of the University takes
all the serious steps for making payment of the retiral dues
admissible to the petitioner within a period of six weeks.
5. At this stage, the learned counsel appearing on
behalf of the University informs this Court that the University is
stressed due to non-availability of fund and if it is true, the Vice
Chancellor and the Registrar of the University should 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.
6. The petitioner, if so advised, may file a detailed
representation before the Registrar, Veer Kuer Singh University,
Ara by adducing all the relevant evidences in support of his
claim.
7. The Registrar, Veer Kuer Singh University, Ara is
directed to pass a reasoned order considering the representation
Patna High Court CWJC No.1194 of 2023 dt.03-05-2023
of the petitioner and hold that as to whether the petitioner is
entitled to the claim as made in the present writ petition within a
period of six weeks. If the petitioner is found to be entitled for
his claim as sought in the present writ petition, the same is
required to be paid to the petitioner not beyond a further period
of two weeks.
8. It goes without saying that petitioner is also entitled
for interest on delayed payment.
9. With the above observation/direction, the present
writ petition is disposed of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 10.05.2023
Transmission Date N.A.
