Deepak Mehta, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1471 of 2022 ====================================================== Deepak Mehta, Son Late Kunj Mohan Prasad Mehta, Resident of Mohalla - Shree Krishnapuri Ward No. 05, near B.Ed. College, Kasipur, Samastipur, Police Station - Town, District - Samastipur at present resident of Mohalla -95 Saket, Saket Mochanmarg, Varanasi, Police Station - Lanka, District - Varanasi - 221005 (U.P.).

... ... Petitioner/s

Versus

1.

The State of Bihar, through Commissioner - Cum - Secretary, Human Resources Department (Higher Education), Govt. of Bihar, Patna. 2.

The Director, Higher Education, Government of Bihar, Patna. 3.

The Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga through its Registrar.

4.

The Vice - Chancellor, Lalit Narayan Mithila University Kameshwar Nagar, Darbhanga.

5.

The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

6.

The Principal, B.R.B. College, Samastipur.

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

For the Petitioner/s :

Mr. Ranjan Kumar, Advocate For the University :

Mr. Santosh Kumar, Advocate For the State :

Mr. Madhukar Mishra, AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-07-2026 Heard Mr. Ranjan Kumar, learned counsel appearing on behalf of the petitioner; Mr. Santosh Kumar, learned counsel for the Lalit Narayan Mithila University and Mr. Madhukar Mishra, learned AC to SC-16 for the State.

2. The petitioner has retired on 30.09.2018 as

2/4 Associate Professor, Department of English, from B.R.B. College, Samastipur and he is aggrieved for non-payment of following dues as mentioed in paragraph no. 1 of the writ petition, which inter alia is reproduced hereinafter: "i. For a direction to the Respondents to pay to the petitioner the amount of revised gratuity Rs. 10,00,000/- (Ten lacs) under limit Rs. 20,00,000/- (Twenty lacs) in 7th Pay scale Rs. 1,31,400 - Rs. 2,17,100/-.

ii. For a direction to the Respondents to pay to the petitioner the amount of revised unutlized leave encashment of 227 days in 7th pay scale Rs. 1,31,400 2,17,100/- and full unutilized leave encashment 73 days of extra work of incharge as a controller in college. iii. For a direction to the Respondents to pay to the petitioner the amount of Part Group Insurance with 12.5% compound interest.

iv. For a direction to the respondents to pay to the petitioner the amount of Difference of Pension from October, 2018 to February 2020 on account of 7th Pay scale.

v. For a direction to the Respondents to pay to the petitioner the amount of D.D.A. with 9% interest per annum from 1982 to 1989.

vi. For a direction to the Respondents to pay to the petitioner the amount of Difference of Salary from the period of January, 1996 to December, 2015 on account of Pay point Rs. 14,940/- w.e.f. 01.01.1996 in the light of fixation of P.V.C. Department of Education including strike period salary and difference of salary from the period of 01.01.2016 to September, 2018 in 7th Pay scale Rs. 1,31,400 - 2,17,100/-.

vii. For a direction to the Respondents to pay to the petitioner the amount of D.A. with H.R.A from the period of 01.01.2006 to March, 2010 near about Rs.7,00,000/-(seven lacs).

viii. For a direction to the respondents to pay to the petitioner the amount of Panel interest upon the entire dues amount form the dates they became due till the dates of their respective payment.

ix. Any other relief (s) to which the petitioner be deemed entitled."

3. Learned counsel appearing on behalf of the University informs that the detail information regarding the

3/4 payment to the petitioner under different heads of retiral dues like Pension, Family Pension and M.A. etc. has been given in paragraphs no. 5 and 6 of the counter affidavit filed on behalf of the respondents no. 3 to 5, as such, the grievance of the petitioner has been redressed. He further informs that petitioner has been paid Group Insurance at the rate of 4 percent from effective date of its revision i.e. 20 September, 2018. In respect of payment of D.A. and H.R.A. is concerned, the same is subject to the final outcome of Civil Review No. 167 of 2023, which is pending before a Division Bench of this Court. The payment of Group Insurance at the rate of 12.5% is the subject matter of S.L.P. No. 21411-21415 of 2025, which is pending before the Apex Court.

4. Considering the aforesaid information as contained in counter affidavit filed on behalf of the respondents no. 3 to 5 and submissions made on behalf of the learned counsel for the University, I find that the substantial amount of retiral dues has been paid to the petitioner.

5. The petitioner, if so advised, may approach the appropriate authority, as and when required, for payment of D.A./H.R.A. and Group Insurance, subject to the final outcome of Civil Review No. 167 of 2023, pending before a Division

4/4 Bench of this Court, and S.L.P. (C) No. 21411-21415 of 2025, pending before the Apex Court.

6. Accordingly, the present writ petition stands disposed of.

(Purnendu Singh, J) Niraj/- U