Ram Sundar Kunwar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19304 of 2014 =========================================================== Ram Sundar Kunwar W/o Late Nand Kishore Upadhyay, Resident of Mahila College Dalmia Nagar, Police Station- Dehri-On-Sone, District - Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Education, Bihar, Patna.

2. The Vice-Chancellor Veer Kunwar Singh University, Arrah, Bhojpur.

3. The Registrar, Veer Kunwar Singh University Arrah, Bhojpur.

4. The Principal Mahila College, Dalmia Nagar, Dehri-On-Sone, District- Rohtas. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bishwa Nath Upadhyay, Adv. For the Respondent/s : Smt. Namrata Mishra, GA13 =========================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT Date: 13-02-2015 Heard learned counsel for the parties.

The petitioner, a widow of late Nand Kishore Upadhyay who was a Peon in Mahila College, Dalmia Nagar, has prayed for a direction to the authorities of the Veer Kunwar Singh University for payment of amount of group insurance and leave encashment payable to her husband.

Learned counsel for the petitioner submits that the death of the husband of the petitioner had taken place on 28.5.2004 but even when all other retirement benefits admissible to the deceased employee was paid to the petitioner, the amount of group insurance and leave encashment has not been paid as yet. This writ application was filed on 13.11.2014 and in a period

Patna High Court CWJC No.19304 of 2014 dt.13-02-2015 of three months, no counter affidavit has been filed. In that view of the matter, this Court would direct the Registrar of the Veer Kunwar Singh University to examine the aforesaid claim of the petitioner for which she has also filed a fresh representation on 4.9.2014 vide Annexure-4 to the writ application.

Thus, if the petitioner approaches the Registrar of the University with a copy of this order, necessary decision for payment of both amount of group insurance and leave encashment would be taken within a period of three months from the date of receipt of this order.

It goes without saying that if for any reason whatsoever the petitioner is not found entitled for such payment of group insurance and/or leave encashment of her husband, reasons thereof shall also be communicated to the petitioner within the same period of three months.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Rishi/- U