Arun Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8806 of 2016 =========================================================== Arun Kumar Singh son of Late Shri Chandrika Prasad Singh, resident of S.D.O. Road, Hajipur, P.S. Hajipur Town, District - Vaishali. .... .... Petitioner
Versus
1. The State of Bihar through its Principal Secretary, Education Department, Bihar, Patna.
2. B. R. Ambedkar Bihar University, Muzaffarpur through its Registrar.
3. The Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur.
4. The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur.
5. The Deputy Registrar 1, B.R. Ambedkar Bihar University, Muzaffarpur.
6. The Finance Officer, B.R. Ambedkar Bihar University, Muzaffarpur.
7. The Principal, R.N. College, Hajipur, Distt. Vaishali. .... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate For the State : Mr. Nishant Kumar Jha, AC to SC-28 For the University : Mr. Satyendra Kumar Jha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 19-08-2017 Despite repeated adjournments taken by the learned counsel for the B. R. Ambedkar Bihar University for enabling him to seek instructions and file counter-affidavit in the matter, no counter-affidavit has been filed till date.
2.
Considering the nature of prayer made in the writ petition, I am not inclined to adjourn the matter further at the
Patna High Court CWJC No.8806 of 2016 dt.19-08-2017 2/3 request of the counsel for the University.
3.
Heard learned counsel for the petitioner, learned counsel for University and learned counsel for the State. 4.
The present writ petition has been filed by the petitioner for direction upon the respondents to pay his retiral dues including the amount of gratuity, earned leave, leave encashment and group insurance. The case of the petitioner is that he retired from the post of Associate Professor from R. N. College, Hajipur on 30.06.2014. After his retirement, he has only been paid his pension and provident fund and other retiral dues like gratuity, leave encashment and group insurance have not been paid till date. 5.
Learned counsel for the University has submitted that if the petitioner makes his representation before the authorities, they would certainly look into the grievance of the petitioner and take necessary steps so that he may be paid his admissible dues. 6.
Learned counsel for the State has submitted that the matter primarily relates to the University and it is for the University to take a decision in respect of payment of retiral dues of the petitioner.
7.
Having regard to the nature of the claim, the writ petition is disposed of with a direction to the petitioner to file a representation before the Registrar, B. R. Ambedkar Bihar
Patna High Court CWJC No.8806 of 2016 dt.19-08-2017 3/3 University, Muzaffarpur within four weeks from today raising all his claims. In case of filing of such representation, the Registrar of B. R. Ambedkar Bihar University, Muzaffarpur shall examine the same and pass a reasoned order on the claim of the petitioner within two months. In case the claim of the petitioner is found admissible, the payment of dues shall be made within the aforesaid stipulated period of two months. In case any claim of the petitioner is rejected, a communication in this regard must be made to the petitioner on his postal address without delay. (Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.08.2017 Transmission Date NA