Dr. Jagdeo Prasad Yadav vs Bhupendra Narayan Mandal ...
2023 Latest Caselaw 5171 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
              Civil Writ Jurisdiction Case No.15516 of 2021
======================================================

Dr. Jagdeo Prasad Yadav ... ... Petitioner/s Versus Bhupendra Narayan Mandal University, Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Binodanand Mishra, Advocate. For the State : Mr. Madhaw Prasad Yadav, GP-23. For the University : Mr. Ritesh Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 07-10-2023 Heard the matter in "Virtual Hybrid Mode".

2. Mr. Binodanand Mishra, learned counsel

appearing on behalf of the petitioner joined the proceeding

through video conferencing and heard Mr. Madhaw Prasad

Yadav, learned GP-23 for the State and Mr. Ritesh Kumar,

learned counsel for the University in physical mode.

3. Learned counsel appearing on behalf of the

petitioner informs this Court that substantial amount of retiral

benefits under different heads have already been paid to the

petitioner, however, petitioner has not been paid Group

Insurance and difference of salary for the period from

20.07.2009 to 21.12.2015. He submits that he will advise the

petitioner to file a detailed representation before the Registrar of

the University so that the amount on account of difference of

salary for the period from 20.07.2009 to 21.12.2015 and Group

Insurance can be paid within a short period.

Patna High Court CWJC No.15516 of 2021 dt.07-10-2023

4. Considering the fact that petitioner has made

specific statement in Para-12 with respect to non-payment of

difference of salary and Group Insurance, Registrar of the

University must ensure to make payment within a period of four

weeks from the date of filing of the representation or

communication of this order. It goes without saying that

petitioner is also entitled for statutory interest on account of

delayed payment in light of the decision of the Apex Court in

the case of State of Kerala v. M. Padmanabhan Nair reported

in (1985) 1 SCC 429 and D.D. Tewari v. Uttar Haryana Bijli

reported in (2014) 8 SCC 894 from the date the petitioner is

entitled till the date of payment.

5. Writ petition is disposed of with above

observation and direction.

(Purnendu Singh, J) mantreshwar/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          10.10.2023
Transmission Date       N.A.