Sushil Kant Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1806 of 2020 ====================================================== Sushil Kant Mishra (male), aged about 61 years son of Late Mukund Deo Mishra, residents of village- Jaideopatti, P.S. Ghanshyampur, District Darbhanga.

... ... Petitioner/s

Versus

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

2. The Kameshwar Singh Darbhanga Sanskrit University through its Registrar, Kameshwar Nagar, Darbhanga.

3. The Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

4. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga (hereinafter referred to as K.S.D.S.U.).

5. The Finance Officer, the Kameshwar Singh Darbhanga Sanskrit University through its Registrar, Kameshwar Nagar, Darbhanga.

6. The Governing Body, Sarvjit Sanskrit Upshastri College, Lhta, Putai, P.S. Manigachhi, District Darbhanga.

7. The Principal, Sarvjit Sanskrit Upshastri College, Lahta, Putai, P.S. Manigachhi, District Darbhanga.

8. Sri Amit Kumar Chandan, son of Awadhesh Choudhary, at present working as In-charge Principal of the Sarvjit Sanskrit Upashastri College. Lahta, Putai, P.S. Manigachhi, District Darbhanga. ... ... Respondent/s Appearance :

For the Petitioner/s :

Mr. Kripanand Jha, Adv.

For the Respondent/s :

Ms. Shilpa Singh, GA-12.

Ms. Abhanjali, AC to GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-07-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present writ petition was filed for directing the respondents to make payment of the retiral benefits of the petitioner under the head of pension, gratuity and leave encashment. The respondent University has filed a counter affidavit in the present case, from which it appears that pursuant to the various Orders passed by this Court from time to time, the entire amount of pension, gratuity and leave encashment has stood paid to the petitioner.

The learned counsel for the petitioner Shri. Kripanand Jha, however makes a complain to the effect that firstly the PPO has not been issued and secondly pension is not being paid to the petitioner w.e.f. the month of March, 2021.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose of the present writ petition with a direction to the respondent University to ensure payment of the

arrears of pension qua the petitioner herein w.e.f. the month of March 2021 till date along with issuance of the PPO, within a period of four weeks from today, failing which the Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga shall not draw his salary. It is further directed that the respondent University shall also ensure regular payment of the pension amount to the petitioner on a month to month basis.

(Mohit Kumar Shah, J) Tiwary/-