Rajendra Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5373 of 2023 ====================================================== 1.
Rajendra Prasad Singh Son of late Sahdeo Singh Resident of VillageChandkura, P.S.- Karai Persurai, District- Nalanda. 2.
Kashi Raut Son of Late Yadunandan Raut Resident of Mohalla -Shiv Colony Patel Nagar, Hilsa, P.S.- Hilsa, District- Nalanda. 3.
Shanti Devi Wife of Late Birendra Kumar Sharma Resident of VillageAmara, P.S.- Hilsa, District- Nalanda. 4.
Janki Prasad Son of Late Dharam Singh Mahto Resident of village- Yarpur, P.S.- Hilsa, District- Nalanda.
5.
Arjun Prasad Son of Late Bhatu Gope, Resident of Mohalla- Durga Asthan Hilsa, P.S.- Hilsa, District- Nalanda.
6.
Kailash Thakur Son of Kameshar Thakur Resident of Mohalla- Kazi Bazar, P.S.- Hilsa, District- Nalanda.
7.
Dharm Nath Singh Son of Late Ram Singar Singh Resident of VillageBajarangvag, P.S.- Hilsa, District- Nalanda. 8.
Chandrika Singh Son of Late Krishna Singh Resident of Village- Chandkura, P.S.- Karai Parsurai, District- Nalanda.
9.
Shivnandan Paswan Son of Late Dipi Paswan Resident of Village- Roda, P.S.- Hilsa, District- Nalanda.
10.
Mahendra Prasad Son of Late Ganauri Ram Resident of Village- Kawa, Bansi Bigha Alipur, P.S.- Hilsa, District- Nalanda. 11.
Marachhi Devi Wife of Late Judagi Chaudhari Resident of Village- Kazi Bazar Hilsa, P.S.- Hilsa, District- Nalanda.
... ... Petitioner/s
Versus
1.
The State of Bihar through Additional Chief Secretary, Department of Education, Government of Bihar, Patna.
2.
The Additional Chief Secretary, Department of Education, Government of Bihar, Patna.
3.
The Vice Chancellor, Magadh University, Bodh Gaya. 4.
The Registrar, Magadh University, Bodh Gaya.
5.
The Finance Officer, Magadh University, Bodh Gaya 6.
The Vice Chancellor, Patliputra University, Patna. 7.
The Registrar, Patliputra University, Patna.
8.
The Finance Officer, Patliputra University, Patna.
2/4 9.
The Principal, S.U. College, Hilsa, Nalanda.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar No.1, Adv.
For the Respondent/s :
Mr. Jitendra Kumar Roy 1, SC-13 For the Magadh University :
Mr. Pankaj Kumar Singh, Adv.
For the Patliputra University :
Mr. Rana Vikram Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 15-07-2024 Heard the parties.
2. On the last occasion when the matter was taken up, this Court had requested the learned counsels representing the Magadh University and the Patliputra University to apprise this Court with regard to the present position causing delay in not according the deducted 25% of the gratuity amount.
3. The learned counsels representing the Universities apprise this Court that out of eleven petitioners, as of now, five of them i.e. petitioners no. 3, 5, 7, 9 and 11 have been paid their respective 25% of the deducted gratuity amount. It has also been informed that petitioners no. 1 and 6 though applied through online portal for pay verification but because of certain technical glitches, ID could not be generated and, as such, they are requested to make a fresh application. It is also informed that yet the remaining petitioners have not submitted their necessary papers for pay verification; in absence of which the State as well
3/4 as the Universities are not in a position to accord the admissible benefits.
4. Considering the stand of the Universities as well as the State, this Court thinks it apt and proper to dispose of the writ petition with a direction to the remaining petitioners, who have not been paid their deducted 25% of gratuity, file an online application for their pay verification if not made till date through the college concerned, preferably within a period of two weeks from today.
5. If the aggrieved petitioners shall file their necessary papers before the college in question, the Principal of the college will refer the matter to the Pay Verification Cell within a further period of two weeks. After formalities being done, the State respondents shall make necessary pay verification within a further period of four weeks.
6. It is needless to observe that after the pay verification done by the State respondents, the Universities shall ensure payment of 25% deducted gratuity to the petitioners in accordance with law within a further period of two weeks.
7. It is to be made clear that all the petitioners are nonteaching employees and they have been running for several years for their unpaid gratuity, thus any non-compliance of the
4/4 order of this Court shall be dealt with sternly. (Harish Kumar, J) rohit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16-07-2024 Transmission Date