Ramudar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2638 of 2023 ====================================================== Ramudar Singh Son of Late Bidho Singh Resident of Phulbaria, Post Office and Police Station Bara Chakia, District- East Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Department of Human Resources, New Secretariat, Patna.
2.
The Principal Secretary, Department of Human Resources, New Secretariat, Patna.
3.
The Director, Higher Education, Education Department, New Secretariat, Patna.
4.
The Authorised Officer, Pay Verification Cell (Education Department), Government of Bihar, Patna.
5.
Lalit Narayan Mithila University, Darbhanga through its Registrar, Kameshwar Nagar, Darbhanga.
6.
The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.
7.
The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.
8.
The Financial Advisor, L.N. Mithila University, Kameshwar Nagar, Darbhanga.
9.
The Finance Officer, L.N. Mithila University, Kameshwar Nagar, Darbhanga.
10.
The Budget and Accounts Officer, L.N. Mithila University, Kameshwar Nagar, Darbhanga.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Singh, Adv.
For the State :
Mr. Kumar Kamal Nayan, AC to SC-28 For L.N.M.U.
:
Md. Nadim Seraj, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 13-07-2023 Heard Mr. Anil Singh, learned counsel appearing on behalf of the petitioner, Mr. Kumar Kamal Nayan, learned counsel
2/4 appearing on behalf of the State and Md. Nadim Seraj, learned counsel appearing on behalf of the Lalit Narayan Mithila University, Darbhanga.
2. Hard copy of the counter affidavit has been filed on behalf of respondent nos. 5 to 10. The same is directed to be kept on record.
3. Learned counsel appearing on behalf of the petitioner informs that the petitioner is aggrieved for non payment of retiral dues applicable to the post of Typist-cum-Assistant. He has informed that the similarly situated employees are being paid pension in accordance with applicable pay-scale admissible to the Typist-cum-Assistant.
4. Md. Nadim Seraj, learned counsel appearing on behalf of the Lalit Narayan Mithila University, Darbhanga informs that he has received instruction that 90% pension has been paid to the petitioner and payment on different heads have also been paid to the petitioner. He further informs that he has received instruction that in any case, the Registrar of the University will make payment within a period of six weeks with respect to entire retiral dues as claimed by the petitioner. He further informs that a decision with respect to the admissible pay-scale for the post of Typist-cum-Assistant is in active consideration of the Additional
3/4 Chief Secretary, Education Department and it is expected that the same will be fixed with respect to the petitioner and similarly situated other employees of the University.
5. The Additional Chief Secretary, Education Department must ensure to decide the case of the petitioner, taking into consideration the mandate of the Constitution that petitioner must not be discriminated if similarly situated Typist-cumAssistant have been paid dues and must ensure to inform the University within a period of three weeks for taking steps to make payment.
6. The Registrar of the Lalit Narayan Mithila University, Darbhanga is directed to take steps to make payment of pension and other remaining amount of the pension forthwith he receives communication form the Additional Chief Secretary, Education Department within a further period of three weeks and ensure that payments are made in the account of the petitioner with respect to all retiral dues payable to the petitioner along with statutory interest.
7. The petitioner may also file a detail representation before the Additional Chief Secretary, Education Department as well as Vice-Chancellor of the University/Registrar to facilitate his
4/4 grievance for receiving pensionary benefits in accordance with law.
8. At this state, the petitioner informs that he has already uploaded all the requisite information on the end to end portal for redress of his grievance.
9. It goes without saying that if any amount of dues salary has not been paid to the petitioner for any period, the petitioner must mention the said period in his representation. The concerned authority after verifying the representation of the petitioner must make payment of dues salary with up to date interest on the basis of the record in accordance with law.
10. With the above observation and direction the writ petition stands disposed of.
(Purnendu Singh, J) pravinkumar/- AFR/NAFR NAFR CAV DATE Uploading Date Transmission Date