Patna High Court
Ajay Kumar Srivastava vs The State Of Bihar And Ors on 30 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5572 of 2019
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Ajay Kumar Srivastava Son of Late Chandrika Prasad Resident of Village-
Rampurdih, P.O.- Rampurdih, P.S.- Bishanpur, District- Darbhanga, retired
Assistant, Yadu Nandan College, Dighwara.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Higher Education Dept.,
Government of Bihar, Patna.
2. Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur, through its
Registrar.
3. The Vice Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University,
Muzaffarpur.
4. The Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University,
Muzaffarpur.
5. Jai Prakash University, Chapra through its Registrar.
6. The Vice Chancellor, Jai Prakash University, Chapra.
7. The Registrar, Jai Prakash University, Chapra.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. M.N. Parbat, Sr. Advocate
Mr. Ved Prakash Srivastva, Advocate
For J.P. University : Mr. Ritesh Kumar, Advocate
For B.R.A. University : Mr. Nikhil Agrawal, Advocate
For the State : Ms. Binita Singh (SC- 28)
Mr. Vivek Anand Amritesh, AC to SC-28
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 30-10-2023
Heard Mr. M.N. Parbat, learned senior counsel
assisted by Mr. Ved Prakash Srivastava, learned counsel
appearing on behalf of the petitioner; Mr. Ritesh Kumar, learned
counsel appearing on behalf of Jai Prakash University; Mr.
Nikhil Agrawal, learned counsel appearing on behalf of B.R.A.
Bihar University and Ms. Binita Singh, learned SC-18 for the
State.
2. Mr. Ritesh Kumar, learned counsel appearing on
behalf of Jai Prakash University informs this Court that no
Patna High Court CWJC No.5572 of 2019 dt.30-10-2023
recovery has been made till date.
3. Mr. M.N. Parbat, learned senior counsel
appearing on behalf of the petitioner submitted that no recovery
can be made in light of the judgments passed by the Apex Court
in case of State of Punjab & Ors. Vrs. Rafiq Masih (White
Washer) & Ors. reported in (2015) 4 SCC 334 and Thomas
Daniel Vrs. State of Kerala & Ors. reported in 2022 LiveLaw
(SC) 438 as such, a specific direction may be given by this
Court so that the officers of the University may not proceed to
recover any amount from the pensionary benefits of the
petitioner, who had retired from the post of Assistant, which is a
Class-III post, in the year 2019.
4. Perusal of the records reveal that the petitioner ,
while being posted at Yadu Nandan College, Dighwara, as
Assistant, was on medical leave between the period 05.05.2017
to 15.10.2017. As alleged by the petitioner, he rejoined service
from 16.10.2017 but was kept in abeyance till 12.11.2017. A
specific statement has been made in paragraph no. 7 of the
counter affidavit filed on behalf of respondents no. 5 to 7 that
the petitioner has already been paid a sum of Rs.20,36,974/- in
lieu of payment of salary arrears (ACP/MACP) and with regard
to payment of Earned Leave Encashment of the petitioner, it
Patna High Court CWJC No.5572 of 2019 dt.30-10-2023
was found that his pay has erroneously been fixed on the higher
side and payments have accordingly been made to him during
his service period. However, in the supplementary counter
affidavit filed on behalf of respondent no. 5 and 7, in para 4, it
has been stated specifically that after the Pay Verification Cell
issued Pay Verification Certificate to the petitioner, a total
amount of Rs. 3,41,060/- has been found recoverable from the
petitioner after adjusting the payment of the due amount of
Rs.4,81,248/- towards Leave encashment (Annexure-A to the
Supplementary Counter Affidavit by respondent no.5 and 7).
5. Based on the above facts, it would be advisable
to the petitioner to file a detailed representation before the
Registrar of the University to examine his case, as to whether,
benefit of ACP and MACP resulting into financial upgradation
can be denied to the petitioner and for the said reason, his leave
encashment can be withheld, which partakes the form of salary
in light of law laid down by the Apex Court as mentioned in
above paragraph, as well as, in case of Amresh Kumar Singh &
Ors. Vrs. The State of Bihar & Ors. reported in 2023 Online
SC 496.
6. The representation of the petitioner is directed to
be disposed of by a reasoned order within a period of six weeks
Patna High Court CWJC No.5572 of 2019 dt.30-10-2023
from the date of passing of this order.
7. With above observations and directions, the
present writ petition is disposed of.
(Purnendu Singh, J)
Niraj/-
AFR/NAFR N.A.F.R.
CAV DATE N/A
Uploading Date 30.10.2023
Transmission Date N/A
