Dr. Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4440 of 2024 ====================================================== Dr. Upendra Kumar son of late Ram Dhyan Singh, Retd Associate Professor, Department of Philosphy S.S College, Jehanabad constituent college of Magadh University, Bodh Gaya Bihar, presently resident of Professor Colony, P.O. and P.S- Jehanabad, District Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary, Dept of Education, Bihar, Patna.

2.

The Chancellor of Universities of Bihar, Raj Bhawan Patna. 3.

The Principle Secretary, Department of Education, Government of Bihar, Patna 4.

The Vice Chancellor, Magadh University,Bodh Gaya Bihar. 5.

The Registrar Magadh University, Bodh Gaya Bihar. 6.

The Principle S.S College, Jehanabad.

7.

The Accoutant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Dayal, Advocate For the State :

Mr. Mujtabaul Haque, GP-12 Mr. Manish Kumar, AC to GP-12 For the A.G.

:

Mr. C. Swaroop, Advocate For the Chancellor :

Mr. Janardan Pd. Singh, Sr. Advocate Mr. Rajiv Ranjan Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-02-2025 Heard the parties.

2.The petitioner who superannuated on 31.10.2021 from the post of Associate Professor, Department of Philosophy, S.S. College, Jehanabad under the Magadh University has preferred the present writ petition seeking a direction upon the respondents to ensure payment of his monthly pension for the period November, 2021 to February, 2022, gratuity and leave

Patna High Court CWJC No.4440 of 2024(2) dt.12-02-2025 2/3 encashment with statutory, as well as penal interest.

3. Learned Advocate for the petitioner fairly contended that after filing of the present writ petition, the respondent authorities though extended the aforenoted benefits, but without there being any interest.

4. Learned Advocate for the State as well as university submits that no sooner the petitioner approached this Court, his claim was duly considered and admissible amount has been paid.

5. Considering the facts that the substantive pre and post retiral benefits have already been paid to the petitioner; and if the petitioner has still any grievance with regard to the interest over the delayed payment, he may approach before the Registrar of the university by filing an exhaustive representation, stating therein the factum of delay in payment of the retiral benefits under each head.

6. If such a representation is filed before the respondent no. 5 preferably within a period of four weeks from today, he shall consider the same and pass a reasoned and speaking order, preferably within a further period of eight weeks.

7. Suffice it to observe that in case the representation

Patna High Court CWJC No.4440 of 2024(2) dt.12-02-2025 3/3 of the petitioner finds favour, necessary consequential order shall be passed.

8. The writ petition stands disposed off.

(Harish Kumar, J) supratim/- U