Dr. Eesha Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10713 of 2021 ====================================================== Sachchidanand S/o Late Ram Lakhan Singh parmanent address- Chatauna, P.S. and Distt.- Samastipur, presently residing at Ward No.- 15 Banaras State Compound, Karimabad Alias Magardahi, P.S. and District- Samastipur. ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.
2.
The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.
The Vice- Chancellor, L.N. Mithila University, Darbhanga. 4.
The Registrar, L.N. Mithila University, Darbhanga. 5.
The Finance Officer, L.N. Mithila University, Darbhanga. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Singh, Adv.
For the State :
Mr. Mukund Mohan Jha, Adv.
For the L.N.M.U.
:
Mr. Shailesh Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2023 Heard Mr. Shashi Bhushan Singh, learned counsel appearing on behalf of the petitioner, Mr. Mukund Mohan Jha, learned counsel appearing on behalf of the State and Mr. Shailesh Kumar, learned counsel appearing on behalf of the respondents.
2. Hard copy of the supplementary counter affidavit filed on behalf of the University, respondent nos. 3 to 5 is directed to be kept on record.
3. Learned counsel appearing on behalf of the petitioner inform this Court that though in under certain heads petitioner has been paid, however, so far as payment on account of Group Insurance is concerned, same is payable at the
Patna High Court CWJC No.10713 of 2021(5) dt.26-06-2023 2/3 applicable rate in accordance with law along with interest for delay payment.
4. The petitioner has relied on decision of this Court passed in C.W.J.C. No. 6672 of 2019, Devata Devi Vrs. The State of Bihar and Ors. in support of his claim that the petitioner is entitled for interest of Group Insurance @ 12.5 % on account of delayed payment. The petitioner is also entitled to medical allowance at the same rate the State Government employees are being given that is @ Rs. 1,000/-.
5. Considering the submission made by the petitioner that all the retiral dues has been paid to the petitioner. However, on account of medical allowance and G.I.C. and difference of Earned Leave, the petitioner is also aggrieved. Though the statement has been made in paragraph-13 of the counter affidavit, filed on behalf of respondent no. 2. The petitioner has been paid Rs. 8,41,790/- under the arrears of salary as well as under D.D.A. and the same is evident from letter dated 02.7.2021, which has been brought on record by way of Annexure-B to the counter affidavit. Though the same amount has not been credited into the account of the petitioner, but they have not given the difference of Earned Leave on account of 7th Pay Revision.
Patna High Court CWJC No.10713 of 2021(5) dt.26-06-2023 3/3
6. Considering the aforesaid fact, the petitioner is directed to file a detailed representation before the Registrar of the University, who will adjudicate into the matter and dispose of his grievance relating to G.I.C., Medical Allowance and difference of Earned Leave, within a period of six weeks from the date of filing of representation and must also ensure that in case the petitioner is entitled to be paid, the same be paid within the aforesaid period. The Registrar must maintain priority with other employees.
7. According, the writ petition stands disposed of. (Purnendu Singh, J) pravinkumar/- U