Shaligram Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4132 of 2019 ====================================================== Shaligram Singh (male), aged about 70 years, Son of Late Ramchandra Prasad Singh, resident of Ward No.1, Mathuramal Tola, Manjhaul, P.S. Cheriya Bariyarpur, District-Begusarai, the retired Head Accountant, Ramcharitra Singh College, Manjhaul, Begusarai, District-Begusarai. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.
The Principal Secretary, Education Department, Government of Bihar, Patna.
3.
The Director Higher Education, Education Department, Government of Bihar, Patna.
4.
The Vice Chancellor L.N.Mithila University, Darbhanga. 5.
The Registrar, L.N.Mithila University, Darbhanga. 6.
The Finance Officer, L.N.Mithila University, Darbhanga. 7.
The Principal, Ramcharitra Singh College, Manjhaul, Begusarai, DistrictBegusarai. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Singh, Advocate For the LNMU :
Mr.Nadim Seraj, Advocate Mr. Shailesh Kumar, Advocate For the State Mr. Bijay Bhushan Prasad, AC to SC-13.
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-03-2019 Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the State as well as the counsel appearing on behalf of the L.N.Mithila University, Darbhanga (hereinafter referred to as 'the University'). The petitioner had retired from the post of Head Accountant with effect from 31.08.2011. Counsel for the petitioner submits that in view of the order passed by the Apex
Patna High Court CWJC No.4132 of 2019(2) dt.05-03-2019 2/3 Court in Civil Appeal No.516 of 2013 and the connecting contempt application being MJC No.262 of 2013, the pay scale of the petitioner has been fixed by the University, taking into account, the ACP and MACP benefit and the name of the petitioner figures at serial number 7 of the said pay revision which is contained in Annexure-P-9 of the writ application. He submits that in spite of the same, his pension has not been fixed on the revised scale granting the benefit of ACP and MACP. He further submits that his other retiral benefits should also be calculated as per the revised pay scale and the difference of salary be paid to him with effect from 1986 onwards. Considering the nature of claim as made in the writ application, the petitioner is directed to file a fresh representation before the Registrar L.N.Mithila University, Darbhanga, respondent no.5 which will be disposed of the same within a period of three months from the date of filing of such representation.
Any amount due to the petitioner on acount of such revision in the pay scale with regard to retiral benefit and arrears of salary will be paid within a period of two months thereafter. If certain amounts are inadmissible, the same shall be communicated to the petitioner by a speaking order sent through
Patna High Court CWJC No.4132 of 2019(2) dt.05-03-2019 3/3 registered post.
Writ application is disposed of accordingly.
(Nilu Agrawal, J) B.Kr./- U