Patna High Court
Rama Kant Singh vs The State Of Bihar on 1 August, 2024
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19717 of 2021
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Rama Kant Singh Son of Late Siya Sharan Singh, retired Designated
Demonstrator, K.S.S. College, Lakhisarai, Resident of Village and Post Office
- Patner, Police Station and District- Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Director, Higher Education, Government of Bihar, Patna.
3. T.M. Bhagalpur University through its Registrar.
4. The Vice Chancellor, T.M. Bhagalpur University.
5. The Munger University, Munger, through its Registrar.
6. The Registrar, Munger University, Munger.
7. The Vice Chancellor, Munger University, Munger.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Arun Kumar, Adv.
For the Respondent/s : Smt. Binita Singh, S.C.-28
Mrs. Nivedita Nirvikar, Adv.
Mr. Ashhar Mustafa, Adv.
Mr. Ritesh Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL JUDGMENT
Date : 01-08-2024
Heard learned counsel for the petitioner and learned
counsels for the respondents.
2. By filing the present writ application, the petitioner has
prayed for the following reliefs:
(i) For issuance of appropriate order/
direction/ writ specially writ in the nature of
mandamus commanding and directing upon
the respondents concerned specially
respondent nos. 6 and 7 to pay the pension and
other retiral benefits after fixing the pay scale
in view of 7th pay revision giving benefits of
Patna High Court CWJC No.19717 of 2021 dt.01-08-2024
A.C.P. & M.A.C.P. which has already been
granted by the respondent concerned
university, but monetary benefit of the same
has not been given as yet despite the fact that
the petitioner has been superannuated from
the post of Designated Demonstrator in K.S.S.
College, Lakhisarai in Chemistry Department
on 30.04.2018 and his pension paper and
other claim for payment of retiral benefits i.e.
Gratuity, Leave Encashment, Group
Insurance, Employees Welfare Provident Fund
has already been submitted on 14.03.2018 in
the office of respondent Bhagalpur University
and since K.S.S. College has come under
jurisdiction of Munger University after
bifurcation and as such the claim of the
petitioner has been sent on 22.12.2018 to the
Munger University from the level of T.M.
Bhagalpur University, but till date valid claim
of petitioner has not been settled and paid as
yet.
(ii) For issuance of appropriate
order/direction, writ specially writ in the
nature of mandamus commanding and
directing upon the respondent concerned to
pay the due differences of salary accrued out
of Ist and IInd A.C.P. in view of 6 th pay
revision as well as 7th pay revision also but
despite having fixed the pay scale in old scale,
salary was paid but valid claim for differences
of salary has not been paid as yet despite the
fact that several similarly situated persons
have already been given the benefit of the
same.
(iii) For a further direction upon the
respondents concerned to pay the interest upon
the pensionary benefit as well as due payable
amount for unnecessary delay caused in
payment of valid claim in view of judgment
passed by Hon'ble Apex Court.
Patna High Court CWJC No.19717 of 2021 dt.01-08-2024
3. Learned counsel for the petitioner submits that the Pay
Verification Cell of the State Government has verify the pay-
scale of the petitioner and grant consent to the concerned
University regarding the same.
4. Learned counsel for the Munger University submits
that the pay verification certificate of the petitioner, which was
verified by the Pay Verification Cell, has been received and he is
ready to pay all the arrears as well as retiral benefits to the
petitioner in accordance with law.
5. Considering the submissions advanced on behalf of the
parties, I direct the respondent Munger University to pay all the
admitted dues to the petitioner within a period of two months
from receipt/production of a copy of this order.
6. With the aforesaid direction, this writ application
stands disposed of.
(Anjani Kumar Sharan, J)
divyanshi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 06.08.2024
Transmission Date NA
