Dr. Vikas Chandra Jaipuriyar v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4642 of 2021 ====================================================== Dr. Vikas Chandra Jaipuriyar S/o Late Madan Mohan Prasad resident of - A/2014, Janki Apartment, New Chitragupta Nagar, Parwati Path, Kankarbagh, District- Patna, retired as Associate Professor in the subject of Economics, R.B. College Dalsingsarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Vice - Chancellor, Lalit Narayan Mithila University, Darbhanga. 4.

The Registrar, Lalit Narayan Mithila University, Darbhanga. 5.

The Finance Officer, Lalit Narayan Mithila University, Darbhanga. 6.

The Principal, R.B. College Dalsingsarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh For the Respondent/s :

Mr. Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner, learned counsel for the University and learned counsel for the State.

2. The present writ petition has been filed for the following reliefs:

(i) For issuance of an appropriate writ in the nature of Mandamus, commanding and directing the respondent authorities for fixation of pension in view of new scale effective from 01.01.2016 issued by the State Government containing in resolution no.

15/M.1-20/2018-591 dated 06.03.2019 and payment of arrear of pension for the period of 01.07.2019 till the date of payment,

Patna High Court CWJC No.4642 of 2021(4) dt.02-07-2024 2/3 gratuity in view of Sub Clause-IV of Clause7 of resolution no. 592 dated 06.03.2019 by which upper limit of gratuity has been enhanced to Rs. 20 lacs and also payment of earn leave, GIC, DDA and other admitted dues payable to the petitioner.

(ii) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that the persons, who retired after the retirement of the petitioner, have been paid all the admitted dues but petitioner did not receive same.

3. A counter affidavit has been filed on behalf of the respondent nos. 3 to 5 in which in para-4, it is stated that the pension of the petitioner according to 7th revised pay-scale, as claimed by him, has already been fixed @ Rs. 1,02,350/- with admissible dearness relief and is being paid regularly to him in the light of the order of the State Government. It is further stated in para-7 that the gratuity upto the limit of Rs. 10 lacs and Earned Leave encashment for 300 days of Rs. 18,39,200/- according to 6th pay scale has already been paid to the petitioner. Regarding the payment of Group Insurance, it is stated that a

Patna High Court CWJC No.4642 of 2021(4) dt.02-07-2024 3/3 sum of Rs. 32,260/- has already been paid to the petitioner with 4.5% interest and regarding the payment of DDA, the calculation is under process and shall be paid on completion and approval.

4. Learned counsel for the University submits that regarding the payment of D.A. and H.R.A., the University had earlier filed an LPA No. 333 of 2019 which was disposed of but the review petition is pending uptill now. He further submits that with regard to the Group Insurance, LPA is also pending before this Court.

5. Considering the facts and circumstances of the case, I direct the University to pay all the admitted dues to the petitioner within a period of three months from the date of receipt/production of a copy of this order.

6. It is made clear that if the payment is not made within the aforesaid period, the petitioner shall be entitled for 6% simple interest for all the admitted dues.

7. With the aforesaid observations and directions, this writ petition is disposed of.

devendra/- (Anjani Kumar Sharan, J) U