Dr. Bhagwati Sharan Singh v. The T.M. Bhagalpur University,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2596 of 2022 ====================================================== Dr. Bhagwati Sharan Singh, S/o Late Bhupnarayan Singh, Resident of Flat No. 301, Block-A. Manju Vatika Apartment, Gola Road More, P.S.-Rupaspur, Town and District-Patna.

... ... Petitioner/s

Versus

1.

The T.M. Bhagalpur University, Bhagalpur, through its Registrar. 2.

The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur. 3.

The Financial Advisor, T.M. Bhagalpur University, Bhagalpur. 4.

The Finance Officer, T.M. Bhagalpur University, Bhagalpur. 5.

The Principal K.S.S. College, Lakhisarai, District- Lakhisarai. 6.

The State of Bihar through the Principal Secretary, Education Department, Government of BIhar, New Secretariat, Patna.

7.

The Director, Higher Education Department, Government of Bihar, New Secretariat, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Narendra Kumar Sinha, Advocate For the Respondent/s :

Mr. Nishant Kumar Jha, AC to SC- 28 For the TMB University :

Dr. Anand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 27-11-2024 Heard Mr. Narendra Kumar Sinha, learned Advocate for the petitioner and Dr. Anand Kumar, learned Advocate for the Tilka Manjhi Bhagalpur University, Bhagalpur. The State is represented through Mr. Nishant Kumar Jha, learned Advocate.

2. The petitioner, who superannuated from the post of Professor on 31.03.2016 from K.S.S. College, Lakhisarai under Tilka Manjhi Bhagalpur University, Bhagalpur

Patna High Court CWJC No.2596 of 2022 dt.27-11-2024 2/3 (hereinafter referred to as 'the University') has preferred the present writ petition seeking a direction upon the respondents to ensure payment of all the unpaid pre and post retirement claim to the petitioner.

3. A counter affidavit has been filed by the Registrar of the University on 27.08.2024 after serving a copy of the same to the learned Advocate for the petitioner. Categorical averments have been made in paragraph no.7 that all the admissible amount under the GIC and LIC, Gratuity, Refixation of Pension in the pay scale of University Professor, Arrears of difference of Pension, Earned Leave and EWF have been paid to the petitioner.

4. Learned Advocate for the petitioner, at this juncture, submits that the counter affidavit does not talk about the interest at the rate of 12.5% per annum over the GIC amount and in fact the same has not been paid to the petitioner.

5. Having heard the learned Advocate for the respective parties and after going through the averments made in the counter affidavit, this Court finds that substantive admissible amount has already been paid to the petitioner.

6. So far the grievance of the petitioner to the extent of interest at the rate of 12.5% per annum over the GIC

Patna High Court CWJC No.2596 of 2022 dt.27-11-2024 3/3 amount is concerned, the petitioner shall be at liberty to approach before the Registrar of the University, if the same has not been paid, preferably within a period of four weeks from today.

7. In case, such a representation is filed by the petitioner, the Registrar of the University shall consider the claim of the petitioner for payment of amount of interest over the Group Insurance alongwith the other grievance and ensure payment, as has been accorded to other similarly situated persons.

8. The entire exercise must be completed within a period of eight weeks from the date of filing of such representation.

9. With the aforesaid direction, the writ petition stands disposed off.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.11.2024 Transmission Date NA