Chandeshwar Prasad Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1546 of 2015 IN Civil Writ Jurisdiction Case No. 20751 of 2010 =========================================================== Chandeshwar Prasad Sinha, Son of Late Parmeshwar Prasad Sinha resident of village - Karhari P.O. and P.S. Bhagwanpur, District Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Higher Education, Govt. of Bihar, Patna

3. The Secretary, Higher Education, Govt. of Bihar, Patna

4. The Director, Higher Education, Govt. of Bihar, Patna

5. The Vice Chancellor, B. R. Ambedkar Bihar University, Muzaffarpur

6. The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur

7. The Finance Officer, B.R. Ambedkar Bihar University, Muzaffarpur

8. The Principal, L.N. College, Bhagwanpur, District Vaishali .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar Jha, Advocate For the Respondent/s : Mr. K.K. Jha, AAG-14 =========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL JUDGMENT Date: 29-07-2015 For the reasons indicated in the restoration application, order dated 27.03.2015 passed in CWJC No. 20751 of 2010 is recalled and CWJC No. 20751 of 2010 is not only restored to its original file and number, but is also taken up for disposal.

2. Petitioner herein served as Librarian in L.N. College, Bhagwanpur, which is a constituent unit of Bhim Rao Ambedkar Bihar University, Muzaffarpur. Petitioner superannuated from the post of Librarian of the said college with effect from 31.07.1996. His retiral dues have been paid in part as till date he has not been paid gratuity amounting to Rs. 58,435/- and interest payable on the

Patna High Court MJC No.1546 of 2015 dt.29-07-2015 2/2 difference of salary between old scale and revised scale admissible in the light of the order dated 24.12.1998, Annexure-1 passed in CWJC No. 2008 of 1998.

3. Petitioner having superannuated with effect from 31.07.1996, as such, there is no justification for not making the aforesaid payment provided the same is due to him.

4. Accordingly, the Registrar of the University is directed to examine the aforesaid claim of the petitioner within two weeks from the date of receipt/ production of a copy of this order and if any amount is found due to him, the same should be paid within a reasonable time not exceeding one month from the date of the order.

5. The contempt petition and CWJC No. 20751 of 2010 are, accordingly, disposed of.

(V.N. Sinha, J.) Arjun/- U