Bishwendra Pratap Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11856 of 2017 =========================================================== Bishwendra Pratap Singh, S/o Late Bhola Nath Singh, Resident of Vill. and PostNew Area, Nuaon, P.S.- Krishna Braham, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Higher Education, Govt. of Bihar, Patna.

2. The Vice Chancellor, Veer Kunwar Singh University, Ara.

3. The Registrar, Veer Kunwar Singh University, Ara.

4. The Finance officer, Veer Kunwar Singh University, Ara. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

For the University : Ms. Nutan Sahay, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 25-04-2018 Heard learned counsel for the petitioner; State and Veer Kunwar Singh University (hereinafter referred to as the 'University').

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

" I. For issuance of writ directing the respondent to pay all the retiral dues (Pension, gratuity, P.F., Leave encashment and group Insurance ) to the petitioner.

II. For that order may be passed to grant pension according to new pay scale.

III. For that respondent authorities may be directed to pay the entire arrear of salary providing the benefit of ACP & M.A.C.P and fixation of salary as per vth pay commission and

Patna High Court CWJC No.11856 of 2017 dt.25-04-2018 2/3 VI th pay commission.

IV. For that order may be passed to pay 12% compound interest on the amount of retiral dues for delayed payment pursuant to the order passed by this Hon'ble Court reported in 2006 PLJR, Vol-4, page 369.

V. For that any other relief/reliefs may also be granted for which the petitioner may be deemed entitled."

3. At the very outset, learned counsel for the petitioner submitted that the issue has now been decided by a co-ordinate Bench of this Court by judgment dated 28.02.2017 in C.W.J.C. No. 6618 of 2016 in the case of Gupteshwar Prasad Vs. The State of Bihar & Ors.

4. At this juncture, on a direct query of the Court to learned counsel for the State and the University, they admit that the petitioner is similarly situated.

5. In view thereof, the judgment passed by a co-ordinate Bench of this Court dated 28.02.2017 in the case of Gupteshwar Prasad (supra) having attained finality and also complied with by the respondents, the Court does not find any reason to take a different view.

6. Accordingly, the writ petition stands disposed off in terms of the judgment dated 28.02.2017 passed in C.W.J.C. No. 6618

Patna High Court CWJC No.11856 of 2017 dt.25-04-2018 3/3 of 2016. In terms thereof, the direction issued at paragraph no. 13 of the judgment shall also apply in the case of the petitioner. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U