Patna High CourtCWJC/13689/2016disposed

Ram Bilash Mahato v. B. N. Mandal University And ORS

2017-09-15Mr. Justice Ashwani Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13689 of 2016 =========================================================== Ram Bilash Mahato son of Late Sona Mahato, resident of Vijaynagar, P.S.- Town, Town & District- Katihar .... .... Petitioner/s

Versus

1. B. N. Mandal University, Madhepura through its Registrar

2. The Vice-Chancellor, B.N. Mandal University, Madhepura.

3. The Registrar, B.N. Mandal University, Madhepura.

4. The Finance Advisor, B.N. Mandal University, Madhepura

5. The Principal, M.J.M. Mahila College, Katihar

6. The State of Bihar through the Principal Secretary, Human Resources Development Department, (Higher Education) Old Secretariat, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Chandan Jha, Advocate For the B.N.Mandal University : Mr. Shashi Bhushan Singh, Advocate For the State : Mr. Ranjan Kumar, AC to GA-12 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 15-09-2017 The petitioner retired from service on 31.01.2013 as a Librarian from M.J.M. Mahila College, Katihar, a constituent unit of B.N.Mandal University, Madhepura after serving more than three decades.

2. The prayer of the petitioner in the present writ petition is for issuance of direction to the respondents for payment of arrears of retirement dues and arrears of salary.

Patna High Court CWJC No.13689 of 2016 dt.15-09-2017 2/3

3. A counter affidavit has been filed on behalf of the respondent-university wherein it has been stated that total dues of the petitioner under different heads come to Rs.8,40,923/- for which cheque has already been issued by the university. Learned counsel for the university submitted that vide cheque no.636745 dated 06.09.2017 Rs.8.40,923/- has been paid to the petitioner through his counsel appearing in the present case. Learned counsel for the petitioner does not dispute the above contention of the respondent university. However, he has submitted that he is not sure as to whether or not any further amount of money is due to be paid to the petitioner. He has submitted that in case any amount is found due, the petitioner may be given liberty to file representation before the authority of the respondent-university.

4. I have heard learned counsel for the parties and perused the record.

5. In view of the fact that the admitted dues of the petitioner has already been paid, the writ petition is disposed of with liberty to the petitioner to file representation before the respondent no.3, the Registrar, B.N.Mandal University, Madhepura within six weeks from today, in case he is of the opinion that any of his claim is still due. In case of filing of such representation, the respondent no.3 shall be required to examine the same and dispose it of by a reasoned and

Patna High Court CWJC No.13689 of 2016 dt.15-09-2017 3/3 speaking order within four weeks. In case any amount of money is found legally admissible to the petitioner, the same shall also be paid to him within the aforesaid stipulated period of four weeks. In case the claim of the petitioner is rejected, the reasoned order passed by the respondent no.3 shall be communicated to him on his postal address. (Ashwani Kumar Singh, J) Md.S./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 20.09.2017 Transmission Date