Patna High Court
Meena Jha vs The State Of Bihar on 30 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17557 of 2022
======================================================
Meena Jha Wife of Late Dr. Paspat Nath Jha, Resident of Mohalla - Hanuman
Nagar (Stadium Road), Police Station - Madhubani Sadar, District -
Madhubani. ... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Higher Education,
Government of Bihar, Patna.
2. The Vice-Chancellor of L.N. Mithila University, Darbhanga.
3. The Registrar, L.N. Mithila University, Darbhanga.
4. The Finance Officer, L.N. Mithila University, Darbhanga.
5. The Principal, R.K. College, Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Bhagat, Advocate
For the Respondent/s : Mr. Madan Jeet Kumar, GP-20
Mr. Rajeev Ranjan, AC to GP-20
For the LNMU : Mr. Shailesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 30-01-2024
Heard Mr. Arun Kumar Bhagat, learned counsel
appearing on behalf of the petitioner and Mr. Shailesh Kumar,
learned counsel for the Lalit Narayan Mithila University
(LNMU). The state is represented by Mr. Rajeev Ranjan,
learned counsel.
2. The petitioner by invoking the extra ordinary
jurisdiction of this Court under Article 226 of the Constitution
of India has filed the present writ petition seeking a direction
upon the respondents to ensure all the death-cum-retiral dues of
her husband, late Paspat Jha, who died in harness on
27.10.2018
, while working as Professor in the Department of
Chemistry, R. K. College, Madhubani, a constituent unit of
Patna High Court CWJC No.17557 of 2022 dt.30-01-2024
Lalit Narayan Mithila University (LNMU).
3. In compliance with the direction of this Court,
counter affidavits have been filed on behalf of the respondent
State authorities as well as the University. Submission has been
made by the learned counsel for the State that vide its letter as
contained in Memo No. 79 dated 17.06.2023, the Sate
Government has already sanctioned and released the amount for
payment of difference of pension and other retiral dues, on
account of revision of pension in 7th Pay Scale, in favour of
different Universities, including, Lalit Narayan Mithila
University, Darbhanga.
4. Taking note of the aforesaid letter, learned counsel
for the State submits that now the University is required to pay
the rest of the admissible amount of difference of pension and
other retiral dues, out of the fund sanctioned and released by the
State.
5. Another counter affidavit has been filed on behalf
of the University, categorically stating therein that, so far the
family pension of the petitioner is concerned, the same has
already been fixed and she is getting admissible family pension.
The calculation chart of the family pension has also been
brought on record by way of Annexure R 2 to 4/A. It is further
submitted that though a sum of Rs. 10,00,000/- has been paid to
Patna High Court CWJC No.17557 of 2022 dt.30-01-2024
the petitioner under the head of gratuity, however, on the basis
of Pay Slip issued by Pay Verification Cell, Patna in 7 th Pay, re-
calculation was done and a sum of Rs. 10,00,000/- under the
maximum limit of Rs. 20,00,000/- has been found payable,
which would be paid after receipt of fund from the State
Government, to this count.
6. He next submitted that under the head of Earned
Leave Encashment, the petitioner has already been paid Rs.
16,02,524/-, however, after further calculation, on the basis of
Pay Slip issued by Pay Verification Cell, Patna, still an amount
of Rs. 3,43,518/- is due and found payable to the petitioner.
Further submission has been made that a sum of Rs. 1,90,904/-
found payable against pension arrears for the period 28.10.2018
to 29.02.2020, shall also be paid after receipt of the fund from
the State Government.
7. Likewise, a sum of Rs. 2,83,779/- has also been
found payable towards salary arrears as well as certain amount
under the DA, HRA and MA shall be paid, after receipt of the
fund from the State Government.
8. Having heard the learned counsel for the respective
parties, especially, on behalf of the learned counsel for the State
as well as University, needless to observe that, till date, the final
settlement towards the terminal dues of the husband of the
Patna High Court CWJC No.17557 of 2022 dt.30-01-2024
petitioner has not been made. Thus, in such circumstances, this
Court left with not option, but to dispose of the writ petition,
with a direction to the respondent No. 1 to ensure the release of
the fund, so that payment would be made to the petitioner and
further directed the University to ensure the payment of all the
remaining terminal and other admissible dues.
9. Needless to observe that the entire admissible due
amount must be paid to the petitioner, preferably within a period
of eight weeks, from the date of receipt/production of a copy of
this order.
10. Accordingly, the present writ petition stands
disposed of.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 31.01.2024
Transmission Date NA
