Dr. (Prof.) Deo Narayan Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5379 of 2019 ====================================================== Dr. (Prof.) Deo Narayan Mishra S/o- Late. Ramji Mishra, presently residing at Uma Nagar, Near S.K.M.C.H, Muzaffarpur, P.O. and P.S. Bhikhanpura, District-Muzaffarpur, Superannuated University Professor from G.D. College, Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.

2.

The Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna 3.

The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 4.

The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar Darbhanga 5.

The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6.

The Principal, G.D. College, Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh, Adv.

For the State :

Mr. AC to SC 16 For the University : Ms. Binita Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-02-2021 Heard Mr. Shashi Bhushan Singh, learned counsel for the petitioner, Ms. Binita Singh, learned counsel for the Lalit Narayan Mithila University and learned AC to SC 16. The petitioner has filed this writ petition for payment of leave encashment of 300 days as per leave account of the petitioner, payment of group insurance @ 12.5% compound interest etc. Save and except the leave encashment of 300 days, the petitioner has already been paid all retiral dues. The

Patna High Court CWJC No.5379 of 2019(12) dt.11-02-2021 2/2 professor, who retired from service on or before 14.09.2006, is entitled to get leave encashment of 180 days. The professor, who retired from service on or after 15.09.2006, is entitled to get leave encashment of 300 days.

Learned counsel for the petitioner submits that in the case of Dr. Shyam Sunder Acharia (C.W.J.C. No.11219 of 2011) by order dated 31.08.2015 a bench of this Court directed the University to make payment of leave encashment of 300 days to the professor, who retired after 14.09.2006.

Having considered the submissions of learned counsels for the parties, I direct the University to consider the case of the petitioner for payment of leave encashment of 300 days in view of the order dated 31.08.2015 passed in C.W.J.C. No.11219 of 2011 and make payment to the petitioner within two months from the date of receipt of this order. With the aforesaid observation, this writ petition is disposed of.

(Prabhat Kumar Jha, J) Harish/- U