Bishwa Nath Singh @ Vishwa Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 2149 of 2020 ====================================================== Bishwa Nath Singh @ Vishwa Nath Singh, aged about 78 years (Male) Son of Late Ramchandra Prasad Singh, Resident of Mohalla- Barah Patthar Samastipur, Police Station- Town, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Commissioner-Cum-Secretary Human Resources Department (Higher Education), Government of Bihar, Patna. 2.

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

The Lalit Narayan Mithila University, Kameshwar Nagar Darbhanga through its Registrar.

4.

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

5.

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

6.

The Principal, Samastipur College, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar, Advocate For the State :

Mr. Kameshwar Kumar, GP 17 Mr. S K Ranjan, AC to GP 17 For the University :

Mr. Md. Nadim Seraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 14-02-2020 Heard learned counsel for the petitioner; learned AC to GP 17 for the State and learned counsel for the LN Mithila University (hereinafter referred to as the 'University').

2. The petitioner has moved the Court for the following reliefs:

Patna High Court CWJC No.2149 of 2020 dt.14-02-2020 2/3 "i. For a direction to the Respondents to pay to the petitioner the amount of part unutilised leave encashment 164 days in scale Rs. 14, 940/- w.e.f. 01.01.1996 as 3 days earn leave per year entry in service book but not 12 days per year from 27.07.1998 to 31.07.2002 sanctioned in favour of the petitioner in the light of letter of Memo No. LNMU/DR-1/01/CR-1415/15 dated 12.07.2015.

ii. For a direction to the respondents to pay to the petitioner the amount of part gratuity on account of pay point Rs. 14,940/- w.e.f. 01.01.1996.

iii. For a direction to the respondents to pay to the petitioner the amount of D.D.A. from 1982 to 1989 with 9% interest.

iv. For a direction to the Respondents to pay to the petitioner the amount of Part G.I. with compound interest.

v. For a direction to the Respondents to pay the petitioner the amount of arrear of differeance of pension form August, 2002 to onwards on account of pay point Rs. 14,940/- w.e.f. 01.01.1996 (Anneuxre-3).

vi. For a direction to the Respondents to pay to the Petitioner the amount of difference of salary from 01.01.1996 to 31.07.2002 on pay point Rs. 14,940/- because the petitioner has not completed five years service as Reader prior to 01.01.1996 (Annexure-2).

vii. For a direction to the respondents to pay to the petitioner the amount of Strike Period Salary from 01.08.2000 to 09.12.2000 (131 days). viii. For a direction to the respondents to pay to the petitioner the amount of Panel interest upon the entitle dues amount form the dates they became due till the dates of their respective payment.

ix. Any other relief (s) to which the petitioner be deemed entitled."

3. After some arguments, learned counsel for the petitioner drew the attention of the Court to Annexure 5, which is

Patna High Court CWJC No.2149 of 2020 dt.14-02-2020 3/3 copy of his representation dated 14.11.2019, to the Vice Chancellor of the University (respondent no. 4) with regard to his present grievance. It was submitted that the same is still pending.

4. Having regard to the aforesaid, the writ petition stands disposed off with a direction to the respondent no. 4 to ensure that the aforesaid representation filed by the petitioner is looked into and a reasoned order passed within two months from the date of production of a copy of this order before him. Whatever due is found admissible and payable to the petitioner, the same shall be paid to him within six weeks from the date of passing of the order.

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