Rama Shankar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4892 of 2016 =========================================================== Rama Shankar Singh, Son of Late Yogendra Singh, Resident of Flat No. B/303, Ramanand Apartment, Anandpuri, Police Station - S.K. Puri, District - Patna. .... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. The Director, Higher Education, Government of Bihar, Patna.

4. The Vice Chancellor, J.P. University, Chapra.

5. The Registrar, J.P. University, Chapra.

6. The Vice Chancellor, BRA Bihar University, Muzaffarpur.

7. The Registrar, BRA Bihar University, Muzaffarpur. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Alok Kumar, Mr. Manish Kumar, Advocates For the B.R. A. University : Mr. Mrigank Mauli, Advocate For the J. P. University : Mr. Mrigendra Kumar, Advocate =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 20-05-2016 Heard parties.

It is contended on behalf of the petitioner that except pension no other retiral benefit has been paid to the petitioner, such as, gratuity, group insurance, leave encashment, provident fund and arrears of salary of 5th pay revision w.e.f. 01.01.1996. It is also contended that arrear of U.G.C. scale after 4th pay revision

Patna High Court CWJC No.4892 of 2016 dt.20-05-2016 2 / 3 from 01.01.1986 to 31.07.1989 is due to be paid by the BRA Bihar University because in 1990 petitioner's service was under that University which was later on shifted to the J.P. University after its creation in 1990.

Accordingly, this writ application is being disposed of with a direction to the Registrar, J. P. University to examine the claim of the petitioner, calculate and ensure payment of admissible dues as against the retiral benefits and also with respect to the arrears of U.G.C. scale of 5th pay revision w.e.f. 01.01.1996 within a period of three months from the date of receipt/production of a copy of this order. The Registrar of the BRA Bihar University is also directed to examine the matter of the petitioner with respect to the dues of salary in view of 4th pay revision as has been stated in paragraph 11 of the writ petition and ensure payment of admissible dues within the aforesaid period of three months.

It is made clear that if the authorities fail to pay the admissible amount of the petitioner then the petitioner would be entitled to receive simple interest @ 10% per annum on unpaid admissible dues to be calculated from the date the same became due till the date of its final payment.

Patna High Court CWJC No.4892 of 2016 dt.20-05-2016 3 / 3 a reasoned order would be required to be passed and communicated to the petitioner within the aforesaid period itself. (Dr. Ravi Ranjan, J) ravi/- AFR/NAFR CAV DATE NA Uploading Date Transmission Date NA