Madan Prasad, v. Patliputra University,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2121 of 2022 ====================================================== Madan Prasad, Son of Late Ramji Prasad, resident of Village-Hussaina Sarmera, P.O.-Hussaina, P.S.-Sarmera, District-Nalanda. ... ... Petitioner/s

Versus

1.

Patliputra University, through its Registrar. 2.

Vice-Chancellor of the Patliputra University, Kankarbagh, Patna-20. 3.

Registrar of the Patliputra University, Kankarbagh, Patna. 4.

The Finance Officer, Patliputra University.

5.

The Principal of Ram Ratan Singh College, Mokama, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarva Deo Singh, Advocate For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 10-05-2024 Heard Mr. Sarva Deo Singh, learned counsel for the petitioner. However, none appears on behalf of the respondents.

2. The writ petitioner, who was appointed as Store Keeper on 03.03.1982 at Rambag Bihta College and retired on 31.01.2021, on attaining the age of superannuation, from the same post from Ram Ratan Singh College, Mokama, DistrictPatna, has filed this writ petition praying for a direction to the

2/4 respondent authorities to pay retiral benefits of the petitioner such as provident fund, gratuity, earned leave, group insurance and fixation of pension.

3. Mr. Sarva Deo Singh, learned counsel for the petitioner has submitted that during pendency of this writ petition, all other retiral benefits of the petitioner have been paid by the respondent authorities, except earned leave and group insurance.

4. This Court, vide order dated 07.04.2022, while directing the respondent -Patliputra University to file counter affidavit within four weeks, had directed the Registry to transmit a copy of the order to the respondent no.3/Registrar, Patliputra University through e-mail. Pursuant thereto, the Registry had transmitted a copy of the order dated 07.04.2022 to the concerned respondent through e-mail, as indicated in Registry's office note dated 17.05.2022.

5. On the next date of hearing when the matter was listed on 06.02.2024, while granting time to the respondent authorities to file counter affidavit, as a last indulgence, the writ petition was directed to be listed on 05.03.2024. It was also made clear that in the meantime, the admissible dues of the petitioner must be paid, failing which, appropriate order shall be

3/4 passed against respondent no.3 and 4, the Registrar and the Finance Officer, Patliputra University, Kankarbagh, Patna, respectively.

6. The writ petition, however, was not listed on 05.03.2024, as directed vide order dated 06.02.2024. The writ petition was next listed on 18.03.2024, but till date, neither the respondents have entered appearance nor counter affidavit has been filed by any of the respondents.

7. Taking into consideration of the fact that the petitioner has retired on 31.01.2021, on attaining the age of superannuation, from the post of Store Keeper from Ram Ratan Singh College, Mokama, District-Patna which is under the Patliputra University and in terms of the order dated 07.04.2022, passed by this Court, the proceeding of this writ petition was communicated to the respondent no.3/Registrar, Patliputra University, Kankarbagh, Patna through e-mail, the respondent authorities, particularly respondent no.3, Registrar, Patliputra University, Kankarbagh, Patna is directed to pay to the petitioner the earned leave and group insurance that the petitioner is entitled for, along with the statutory interest within a period of four weeks from the date of receipt/production of a certified copy of this order.

4/4

8. The writ petition is disposed of with the above direction.

(Nani Tagia, J) Amrendra/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 10.05.2024 Transmission Date N/A ci