Dr. Sharngdhar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 2188 of 2018 =========================================================== Dr. Sharngdhar Singh, Son of Late Parmanand Singh, Resident of VillageMokhtarpur, P.S.-Mahnar, District-Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar

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

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

4. B.R.A. Bihar University, Muzaffarpur through its Registrar.

5. The Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur.

6. The Registrar, B.R.A. Bihar University, Muzaffarpur.

7. The Finance Officer, B.R.A. Bihar University, Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the University :

Mr. Nikhil Kumar Agrawal, Advocate For the State :

Mr. Umesh Narayan Dubey, A.C. to G.P. 27 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 10-07-2018 Heard learned counsel for the petitioner; State and B.R.A. Bihar University (hereinafter referred to as the 'University').

2. A counter affidavit has been filed on behalf of respondents no. 4 to 7 (University) bringing on record copy of cheque of Rs. 16,26,828/- dated 06.07.2018, in favour of the Principal of the concerned college for being paid to the petitioner on account of arrears of salary. Learned counsel for the University has assured the Court that if the amount has not yet been credited into the account of the petitioner, the same shall be done latest within two weeks from today.

3. At this juncture, learned counsel for the petitioner submitted that though gratuity of Rs. 3,10,957/- has been sanctioned

Patna High Court CWJC No.2188 of 2018 dt.10-07-2018 2/2 but in view of him having drawn the pay of Rs. 28,980/- at the time of superannuation, the amount should be Rs. 4,78,145/-. He, thus, prays that he may be granted liberty to represent before the Registrar of the University showing how further amount is required to be paid.

4. Having regard to the aforesaid, the writ petition stands disposed off with a direction to the Registrar of the University to ensure that all the payments which have been sanctioned/approved by the University are credited into the account of the petitioner, if already not done, latest within two weeks from today. Further, the petitioner shall be at liberty to represent before the Registrar with regard to any further payment relating to gratuity, which according to him, has still not being paid. If such a representation is filed within three weeks from today, the Registrar shall look into the same and pass a reasoned order within three weeks form the date of filing of the representation. If it transpires that the petitioner has not been paid the entire gratuity, the remaining difference shall also be paid to the petitioner within three weeks from the date of passing of the order.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U