Patna High Court
Prof. Arun Kumar Mishra vs The State Of Bihar on 10 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16504 of 2021
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Prof. Arun Kumar Mishra S/o Kamla Kant Mishra Resident of -B/25, Shri
Krishna Puri, near P.B. Branch, S.B.I. Boring Road, Patna, retired as
University Professor in the Subject of Physics, Post Graduate Department,
L.N. Mithila University, Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The Vice-Chancellor, Lalit Narayan Mithila University, Darbhagna.
4. The Registrar, Lalit Narayan Mithila University, Darbhagna.
5. The Finance Officer, Lalit Narayan Mithila University, Darbhagna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate
For the University : Mrs. Alka Verma, Advocate
For the State : Mr. Hitesh Suman, AC to SC-13
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 10-05-2023
Heard Mr. Shashi Bhushan Singh, learned counsel
appearing on behalf of the petitioner, Mrs. Alka Verma, learned
counsel appearing on behalf of the University and Mr. Hitesh
Suman, learned AC to learned SC-13 for the State.
2. Learned counsel appearing on behalf of the
petitioner submitted that he has filed the present writ petition for
following relief(s) as concluded in paragraph no. 10 of the writ
petition, which inter alia is as follows:
Patna High Court CWJC No.16504 of 2021 dt.10-05-2023
"That though the petitioner retired on
31.06.2017 and his pension has been fixed in the
old scale effective from 01.01.2006 therefore the
following dues under different heads are still
unpaid:
(i) fixation of pension in view of new
scale effective from 01.01.2016 issued by the State
Govt. contained in resolution No. 15/M.1-20/2018-
591 dated 06.03.2019 and payment of arrear of
pension thereupon for the period of 1.7.2017 till
date of payment.
(ii) Payment of gratuity in view of Sub
Clause-IV of Clause 7 of resolution No. 592 dated
06.03.2019 by which upper limit of gratuity has
been enhanced to Rs. 20 lacs after adjustment of 10
lacs.
(iii) payment of earn leave on revised
pay point effective from 1.1.2016.
(iv) Amount of Group Insurance @
12.5% compound interest till the date of payment
like other employees in view of judgment reported
in 2006 Vol-IV PLJR page 369.
(v) Amount of D.D.A @ 9% compound
interest till the date of payment like other
employees in view of judgment reported in 2006
Vol-IV PLJR page 369.
(vi) Medical allowances in view of
resolution of the State Govt. contained in memo
No. 764 dated 30.10.2017.
(vii) Any other admissible dues."
3. 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
college and the delay in making payment is being caused by the
Registrar of the University.
4. Learned counsel appearing on behalf of the
Patna High Court CWJC No.16504 of 2021 dt.10-05-2023
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 three weeks in spite
of the fact that the University is stressed due to non-availability
of fund.
5. The Vice-Chancellor, Registrar and Finance Officer
of L.N. Mithila University, Darbhanga, 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.
6. 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.
7. Entire admissible dues on account of retiral benefit
must be paid to the petitioner after examining his claim within a
period of three weeks.
8. In case, the order is not complied with, the
petitioner may file an application for initiating a proceeding of
Patna High Court CWJC No.16504 of 2021 dt.10-05-2023
contempt for willful disobedience of this order.
9. With the above observation/direction, the present
writ petition is allowed.
(Purnendu Singh, J)
Niraj/-
AFR/NAFR N.A.F.R.
CAV DATE N/A
Uploading Date 13.05.2023
Transmission Date N/A
