Sri Dinesh Narayan Mallik v. The B. R. A. Bihar University Through The Registrar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6683 of 2018 =========================================================== Sri Dinesh Narayan Mallik Son of late Yugal Kishore Mallik, Resident of MohallaI.A. Rukmi Block, Mukund Kunj Apartment, Mahatma Gandhi Nagar, Patna, P.S.- Kankarbagh, District-Patna.

.... .... Petitioner/s

Versus

1. The B. R. A. Bihar University Through The its Registrar having Office at University Campus, Muzaffarpur.

2. The Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur.

3. The Finance Officer, B.R.A. Bihar University, Muzaffarpur.

4. The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Sri Niwas Jha, Advocate For the University :

Mr. Nikhil Kumar Agrawal, Advocate For the State :

Mr. Umesh Narayan Dubey, AC to GP 27 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 29-06-2018 Heard learned counsel for the petitioner; State and B.R.A. Bihar University (hereinafter referred to as the 'University').

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

" That this is an application for issuance of a writ of mandamus or any other appropriate writ or order or direction to Command the respondents to pay the retiral benefits and other legitimate Claims

Patna High Court CWJC No.6683 of 2018 dt.29-06-2018 2/3 including monthly Medical allowance along with 18% interest per annum from the due date upto the date of payment and also the cost of this proceeding."

3. Counter affidavit has been filed on behalf of the University stating that Gratuity and Leave Encashment have been sanctioned.

4. Learned counsel for the petitioner submitted that same has also been paid. However, with regard to difference of salary for the period the petitioner was in service, the stand is that the amount is being calculated and would be paid at the earliest.

5. Learned counsel for the University took a categorical stand before the Court today that such payment would be made within four weeks.

6. Having regard to the aforesaid, the writ petition stands disposed off with a direction to the respondents no. 1 to 3 to ensure that such payment is made to the petitioner within four weeks from today. Moreover, the petitioner shall be at liberty to file representation before the Register of the University with regard to any remaining grievance.

7. If such representation is filed within four weeks from today, the Registrar of the University shall look into the matter and

Patna High Court CWJC No.6683 of 2018 dt.29-06-2018 3/3 pass a reasoned order within four weeks from the date of filing of the representation.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U