Patna High Court
Braj Kishor Singh vs The State Of Bihar on 10 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13909 of 2022
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Braj Kishor Singh S/o Late Sahdeo Singh resident of Village and Post- Naula,
P.S.- Bhagwanpur, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through its the Commissioner-cum-Secretary, Higher
Education Dept. Govt. of Bihar, Patna.
2. The L.N. Mithila University through its Vice-Chancellor, L.N. Mithila
University Kameshwar Nagar, Darbhanga.
3. The Registrar, L.N.M.U., Kameshwar Nagar, Darbhanga.
4. The Finance Officer, L.N.M.U. Kameshwar Nagar, Darbhanga.
5. The Pension Officer, L.N. Mithila University, Kameshwar Nagar,
Darbhanga.
6. The Principal, R.C.S. College, Manjhaul (Begusarai).
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Niraj Kumar, Advocate.
For the University : Mr. Md. Nadim Seraj, Advocate.
For the State : Mr.Kameshwar Kumar, GP-17
Mr. Arbind Kumar, AC to GP-17.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 10-10-2023
Heard Mr. Niraj Kumar, learned counsel appearing
on behalf of the petitioner; Mr. Md. Nadim Seraj, learned
counsel for the University and Mr. Kameshwar Kumar, learned
GP-17 along with Mr. Arbind Kumar, learned AC to GP-17 for
the State.
2. Learned counsel appearing on behalf of the
petitioner submits that the pay verification Cell of the Education
Department has verified the service record of the petitioner and
the claim as made in the present writ petition, however, the
Patna High Court CWJC No.13909 of 2022 dt.10-10-2023
petitioner has been denied the benefits of ACP/MACP on
account of non-availability of his service book available with
the Principal of the College concerned. A counter affidavit has
been filed on behalf of respondent nos. 2 to 5 who are the
authorities of the University in which statement has been made
in Para-6, which is reproduced hereinafter:
"6. That however, on the basis of incomplete paper,
provisional pay-point including benefits of ACP/MACP has
been prepared by the establishment section with Rs.85,100/-
on the date of retirement i.e. on 31.03.2020 which is under
process of audit and according administrative approval. On
the basis of incomplete service book days of unavailed
earned leave has also been calculated which comes to 300
days up to 2018 is also under process of audit."
3. Considering the aforesaid submission made in
Para-6 particularly and other paragraphs of the counter affidavit
for denying the benefit on account of financial upgradation
which is surprising as the custodian of the service book of an
employee is the Principal of the College and no action in the
present case has been taken against the Principal of the College
by the Vice Chancellor of the University. However, considering
the fact that already Education Department has made
verification of the data relating to the service of the petitioner,
the petitioner cannot be denied benefit of financial upgradation
on account of ACP/MACP.
4. The Registrar of the University is directed to
look into the matter afresh and calculate the benefits considering
Patna High Court CWJC No.13909 of 2022 dt.10-10-2023
the date of birth of the petitioner till the date of retirement i.e.
31.03.2020 and see that benefits of time bound promotion
including ACP/MACP are given to the petitioner and
accordingly pension is directed to be fixed and released within a
period of six weeks from the date of communication of this
order.
5. The writ petition, accordingly, stands disposed
of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 12.10.2023
Transmission Date N.A.
