Nawal Kishore Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14146 of 2015 =========================================================== Nawal Kishore Singh, Son of Late Raj Narain Singh, Resident of Aadarsh Nagar, Ward No.16, P.O. and P.S.- Araria, District- Araria, the retired Associate Professor, Department of Zoology, Araria College, Araria. .... .... Petitioner

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. Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura through its Registrar.

5. The Vice Chancellor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

6. The Registrar, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

7. The Finance Officer, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

8. The Finance Advisor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

9. The Principal, Araria College, Araria.

10. The Registrar, L.N. Mithila University, Darbhanga .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate For the Respondent/s : Mr. Purnendu Singh, GP-27 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 11-08-2017 The petitioner who has retired on 31.08.2014 from the post

Patna High Court CWJC No.14146 of 2015 dt.11-08-2017 of Associate Professor, Department of Zoology, Araria College, Araria has filed the present writ petition for payment of pre and post retiral dues.

2. A counter affidavit has been filed on behalf of the respondent-University, in which it has been stated that the claim of the petitioner for payment of gratuity amounting to Rs.10,00,000/- and leave encashment amounting to Rs.10,00,000/- have already been paid through cheques dated 30.07.2017. The rest claim of the petitioner for payment of leave encashment amounting to Rs.4,09,903/- and arrear of pension with effect from 01.09.2014 to 31.01.2015 of the petitioner amounting to Rs.3,67,744/- have also been paid through cheque dated 20.07.2017.

3. Learned counsel for the respondent-University has submitted that during pendency of the writ petition all the grievances of the petitioner have been redressed.

4. On the other hand, learned counsel for the petitioner has submitted that though aforesaid payments have been made by the university, the calculation chart has not been provided to the petitioner. He has submitted that in absence of the calculation chart, he is not sure as to whether or not the entire retiral dues have been paid to the petitioner.

5. Be that as it may, considering the submissions made by

Patna High Court CWJC No.14146 of 2015 dt.11-08-2017 the parties and the assertions made in the counter affidavit filed on behalf of the University, the writ petition is disposed of with liberty to the petitioner to file representation in case any of his claim still remains due before the Registrar, B.N. Mandal University, Laloo Nagar, Madhepura within a period of six weeks. In case of filing of such claim within six weeks, the Registrar, B.N. Mandal University shall be required to examine the same and pass a reasoned order within a period of two months from the date of receipt of the representation. In case any amount is found due, the same shall also be paid to the petitioner within the aforesaid period of two months. In case of rejection of any claim of the petitioner, the reason in this regard should be communicated to him on his postal address. (Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.08.2017 Transmission NA Date