Rameshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6390 of 2021 ====================================================== Rameshwar Singh Son of Rishabdeo Singh Resident of Village-Matihani Nayan, P.O.-Matihani Madho, P.S.-Mirganj, District-Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Education Department, Govt. of Bihar, Vikash Bhawan, Patna.

3.

Jai Prakash University, Chapra, through its Registrar. 4.

The Vice-Chancellor, Jai Prakash University, Chapra. 5.

The Registrat, Jai Prakash University, Chapra. 6.

B.R.A. BIhar University, Muzaffarpur through its Registrar, 7.

The Registrar, B.R.A. Bihar University, Muzaffarpur. 8.

The Vice-Chandellor, B.R.A. Bihar University, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubh Narain Singh For the Respondent/s :

Mr.Nikhil Kumar Agrawal, Advocate.

Mr. Ritesh Kumar, Advocate.

Smt. Shilpa Singh, GA-12.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 10-05-2023 Heard Mr. Shubh Narain Singh, learned counsel appearing on behalf of the petitioner; Mr. Nikhil Kumar Agrawal, learned counsel assisted by Mr. Ritesh Kumar, learned counsel for the University and Smt. Shilpa Singh, learned GA12 for the State.

2. Learned counsel appearing on behalf of the petitioner informs this Court that all the retiral dues admissible to be paid to the petitioner have already been received by the petitioner except Rs. 10921/- due on account of G.I.C. and certain dues relating to the period before bifurcation of B.R.A.

Patna High Court CWJC No.6390 of 2021 dt.10-05-2023 2/3 Bihar University into J.P. University have also not been paid to the petitioner. Though the pension has been revised as per 6th pay revision, however, the difference of pension arising out of 6th pay revision has also not been paid to the petitioner.

3. The learned counsel appearing on behalf of the University informs this Court that the University is stressed due to non-availability of fund. The Vice Chancellor and the Registrar of the University should personally approach the Additional Chief Secretary, Higher Education Department, Government of Bihar, who will at least ensure disbursal of fund, which is required by the University for the payment to be made to the petitioner.

4. Considering the fact that certain amount has not been paid to the petitioner as mentioned above, the petitioner, if so advised, may make a representation before the Registrar, J.P. University, Chapra. The Registrar will ensure to obtain all the relevant documents from the B.R.A. Bihar University relating to the petitioner considering the fact that petitioner was appointed on the post of lecturer in the year 1973 and certain dues of the petitioner relates to the period from 1973 till 1992.

5. The Registrar, J. P. University, Chapra is directed to pass a reasoned order considering the representation

Patna High Court CWJC No.6390 of 2021 dt.10-05-2023 3/3 of the petitioner and hold that as to whether the petitioner is entitled to the claim as made in the present writ petition within a period of six weeks. If the petitioner is found to be entitled for his claim as sought in the present writ petition, the same is required to be paid to the petitioner not beyond a further period of two weeks.

6. It goes without saying that petitioner is also entitled for interest on delayed payment.

7. With the above observation/direction, the present writ petition is disposed of.

(Purnendu Singh, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 15.05.2023 Transmission Date N.A.