Birendra Nath Verma And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12505 of 2017 ======================================================
1. Birendra Nath Verma son of Late Umakant Verma presently residing at Mohalla - Nachchhed Tola, P.O. & P.S. Motihari, District - East Champaran.
2. Dr. Nand Kumar Prasad son of Late Ram Krishna Sinha presently residing at Flat No. 303, Maa Shitla Complex, Agamkuan, Dhanuki, P.S. Agamkuan, Patna - 800007.
3. Dr. Uday Pratap Singh son of Late Ram Narayan Singh presently residing at Mohalla - New Chandmari Durga Mandir, P.O. & P.S. Motihari, District - East Champaran.
4. Dr. Bijay Bhushan Prasad son of Late Krishna Kumar Prasad presently residing at Chhatradhari Bazar (Near Chapra Tent House), P.O. & P.S. - Chapra, District - Saran, PIN - 841301.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Principal Secretary, Education Department, Government of Bihar, Patna.
3. B.R.A. Bihar University, Muzaffarpur through its Registrar.
4. Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur.
5. Registrar, B.R.A. Bihar University, Muzaffarpur.
6. Finance Officer, B.R.A. Bihar University, Muzaffarpur.
7. Principal, Sri Narayan Singh College, Motihari, District - East Champaran, PIN - 845401.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gyanand Roy For the Respondent/s : Mr. Umesh Narayan Dubey- Gp27 For the University : Mr. Priyank Deepak ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-12-2017 Heard learned counsel for the petitioners and the counsel for the State as well as the University. The grievance of the petitioners is non-payment of arrears of difference of salary. The petitioners have been retired on attaining age of superannuation.
Mr. Gyanand Roy appearing on behalf of the
Patna High Court CWJC No.12505 of 2017 (2) dt.21-12-2017 2/3 petitioners submits that the entitlement of the petitioners has already been verified by the Verification Cell of the State Government but unfortunately the respondents are sitting tight over the matter.
In view of the aforesaid, the writ petition is disposed of with direction to the respondent no.5, Registrar, B.R.A. Bihar University to look into the grievance of the petitioners and decide the claim of the petitioners for monetary benefit in accordance with pay fixation by the Pay Verification Cell. Such exercise must be completed within a period of three months from the date of receipt/production of a copy of this order.
Since the petitioners are retired employees, respondents are required to ensure payment of monetary benefit at the earliest as they must get the monetary benefit at the evening of their lives. Accordingly, the respondents are required to ensure payment of monetary benefit within the time frame as indicated hereinabove.
In the event of failure to ensure payment of monetary benefit, respondents shall fix accountability and pay interest at the rate of 9 per cent per annun from the date of accrual to the date of actual payment and the interest shall be recovered from the erring officers responsible for delay in deciding the claim of the
Patna High Court CWJC No.12505 of 2017 (2) dt.21-12-2017 3/3 petitioners for monetary benefit in terms of pay fixation by the pay verification cell of the State Government.
With the aforesaid, the writ application stands disposed of.
(Anil Kumar Upadhyay, J) Ravi/- U