Mihir Kumar Thakur v. The Vice Chancellor, Lalit Narayan Mithila University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9091 of 2021 ====================================================== Mihir Kumar Thakur Son of Late Narayan Dutta Thakur resident of Village - Ujan Ward No. 3, P.O. - Lohna Road, Police Station Saketpur, DistrictDarbhanga. ... ... Petitioner/s

Versus

1.

The Vice Chancellor, Lalit Narayan Mithila University Kameshwar Nagar, Darbhanga.

2.

The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

3.

The Principal, M.H.S. College, Sarisabpahi, District - Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Kumar Jha, Advocate.

For the Respondent University :

Mr. Shailesh Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 20-12-2022 Heard Mr. Dhirendra Kumar Jha, learned counsel for the petitioner and Mr. Shailesh Kumar, learned counsel for the respondent Lalit Narayan Mithila University.

A rejoinder to the counter affidavit has been filed on behalf of the petitioner. It is the stand of the petitioner that till date the respondent authorities have not paid the deferred dearness allowance for the period of 1983 to 1997 and save and except the letter written by the respondent authorities of the University to the Principal of College, seeking details of the said side statement of DDA, there is nothing in the counter affidavit showing any sincere effort in redressing the grievance of the petitioner ensuring payment of admissible deferred D.A. He further submits that so far

Patna High Court CWJC No.9091 of 2021 dt.20-12-2022 2/3 the revision of pension under the 7th Pay Revision is concerned, that has also been paid w.e.f. 2020, instead of 01.01.2016 and as such he submits that still the grievance of the petitioner has not been redressed.

Mr. Shailesh Kumar, learned counsel for the respondent University, with reference to the statement made in the counter affidavit submits that though the respondent authorities have written letter to the Principal concerned to make available the paid side statement of D.D.A., but the same has not been received till date and in absence of paid side statement, the calculation is not possible. He also submits that as soon as the said statement is received, the calculation will be done and the payment shall be made without any delay.

In view of the statements made on behalf of the learned counsels for the parties, the respondent no. 3 is directed to furnish the details of the paid side statement of D.D.A. within a period of two weeks.

It is made clear that on receipt of the aforesaid statement, the respondent University will ensure the payment of the D.D.A. within a further period of four weeks. It is also made clear that the respondent University will also furnish the calculation chart with regard to the payment of

Patna High Court CWJC No.9091 of 2021 dt.20-12-2022 3/3 arrears of pension on account of 7th Pay Revision. If the assertion of the petitioner would found true that till date the arrears of pension on account of 7th Pay Revision has not been made available, the same would also be paid to the petitioner within the aforesaid stipulated period.

Accordingly, the present writ application stands disposed of with aforesaid direction.

It is needless to say that if the petitioner would not satisfy with the calculation chart and the actual amount of payment, he would be at liberty to approach before the authority concerned afresh by filing fresh representation and that would be considered and disposed of expeditiously by a reasoned and speaking order.

(Harish Kumar, J) manoj/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.12.2022.

Transmission Date NA