Bhubnesh Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5749 of 2020 ====================================================== Bhubnesh Kumar Verma Son of Late Saryug Prasad Resident of MohallaMohanpur Ward No. 11, Police Station- Town, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Commissioner- Cum- Secretary Human Resources Department (Higher Education) Govt. of Bihar, Patna. 2.

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

The Lalit Narayan Mithila University Kameshwar Nagar Darbhanga through its Registrar.

4.

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

5.

The Finance Officer Lalit Narayan Mithila University Kameshwar Nagar, Darbhanga.

6.

The Principal B.R.B. College, Samastipur.

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

For the Petitioner/s :

Mr.Ranjan Kumar For the Respondent/s :

Mr.Kameshwar Kumar (Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-06-2020 Heard learned counsel for the parties.

Petitioner has prayed for the following relief:- i. For a direction to the respondents to pay to the petitioner the amount of part unutilized leave encashment 32 days in professor scale as 3 days earned leave per year entry in service book but not earned leave 12 days per year from 27.7.1998 to 31.1.2000 sanctioned in favour of the petitioner in the light of the Letter of Memo No. LNMU/DR-1/01/CR1415/15 dated 12.7.2015.

Patna High Court CWJC No.5749 of 2020(2) dt.26-06-2020 2/3 ii. For a direction to the respondents to pay to the petitioner the amount of DDA from 1982 to 1989 with 9% per year interest.

iii. For a direction to the respondents to pay to the petitioner the amount of difference of salary from 10.7.1988 to June,2000 on account of Promotion from the post of Reader to the post of University Professor (A-2).

iv. For a direction to the respondents to pay to the petitioner the amount of arrear of salary of guest faculty teacher from the period of June, 2005 to April 2006 near about Rs.37950/-(Annexure-4).

v. For a direction to the respondents to pay to the petitioner the amount of Panel interest upon the entitled dues amount from the dates they became due till the dates of their respective payment.

vi. Any other relief(s) to which the petitioner be deemed entitled.

Learned counsel for the petitioner submits that the petitioner would be satisfied if the writ petition is disposed of with a direction to the respondent University to decide the issue raised in the instant application as to the entitlement of DDA, difference of salary. The issue of payment of difference of salary

Patna High Court CWJC No.5749 of 2020(2) dt.26-06-2020 3/3 is no more res integra which has been decided in several cases and direction has been issued for payment similarly the issue of DDA is also decided in several writ petitions. Considering the aforesaid, the writ petition is disposed of with a direction to the respondent University to appropriately decide the entire post retiral dues of the petitioner as mentioned hereinabove and ensure payment thereof, if not already taken and paid to the petitioner within a period of four months from the date of receipt/production of a copy of this order, failing which, the petitioner would be entitled to payment of additional interest @ 9 per cent from the date of filing of the writ application till the date of actual payment.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U