Dr. Hari Narain Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10656 of 2021 ====================================================== 1.1. Pratima Kumari Wife of Late Dr. Hari Narain Gupta Resident of Tahir Lane, Gardanibagh, P.S.- Gardanibagh, District- Patna. 1.2. Yuthika Narain Daughter of Late Dr. Hari Narain Gupta Resident of Tahir Lane, Gardanibagh, P.S.- Gardanibagh, District- Patna. 1.3. Somendra Narain Son of Late Dr. Hari Narain Gupta Resident of Tahir Lane, Gardanibagh, P.S.- Gardanibagh, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Vice Chancellor Tilka Manzhi Bhagalpur University, Bhagalpur. 3.

The Registrar, Tilka Manzhi Bhagalpur Univeristy, Bhagalpur. 4.

The Vice-Chancellor, Munger University, Administrative Block, Shastrinagar, Munger.

5.

The Registrar, Munger University, Administrative Block, Shastrinagar, Munger.

6.

The Principal, S.K.R. College, Barbigha, Sheikhpura, Bihar. 7.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Arup Kumar Chongdar, Advocate.

For the Respondent/s :

Smt. Binita Singh (SC-28) For the Munger University:

Mr. Ritesh Kumar, Advocate.

For the TMBU, Bhagalpur:

Mr. Ashhar Mustafa, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-11-2022 Heard Mr. Arup Kumar Chongdar, learned counsel for the petitioner, Mr. Ritesh Kumar, learned counsel for the Munger University, Mr. Ashhar Mustafa, learned counsel for the Tilka Manzhi Bhagalpur University, Bhagalpur and learned counsel for the State.

In compliance of the order of this court dated

2/4 19.10.2022, Mr. Ashhar Mustafa, learned counsel for the Tilka Manzhi Bhagalpur University, Bhagalpur has handed over two cheques one bearing no. 70412 dated 15.11.2022 amounting to Rs. 6346 under the head of EWF and another cheque bearing no. 71016 amounting to Rs. 37545/- under the head of G.I.C to the counsel for the petitioner and the same has been received by him.

Further, Mr. Ritesh Kumar appearing on behalf of the Munger University undertakes that he will be handing over a cheque of Rs. 3,300/- towards G.I.C. bearing no. 507902 dated 14.11.2022.

Learned counsels for the respective University further submitted that so far the other retiral benefits are concerned that have already stood paid. It is next submitted that now the grievance of the petitioner has been fully redressed. On the other hand, learned counsel for the petitioner submits that though the payment has been made but till date the calculation chart has not been furnished, in absence of which the petitioner is unable to verify the calculation. The Registrar, Munger University is directed to furnish the calculation chart with regard to the payments, which have already ensured to the petitioner under different heads.

3/4 The learned counsel for the petitioner further drawn the attention of this court towards the order dated 22.09.2022 whereby the Interlocutory Application filed on behalf of the petitioner bearing I.A. No. 2 of 2022, was allowed and the prayer made in the said Interlocutory Application has been made part of the prayer made in the main writ application. It is further submitted that despite the issuance of letter dated 29.06.2005 duly approved by the Chancellor, the claim of the petitioner for adding three years of service in his service period has not been considered till date. In view of the submissions made on behalf of the petitioner, the writ application is disposed of with a direction to the Respondent no.

5 to consider the claim of the petitioner for adding three years of service in his service period in the ligh of the letter dated 29.06.2005 and for the said purpose the petitioner is directed to file a representation along with the letters and the materials in support of his claim before the respondent no. 5 within a period of four weeks from today. If such a representation is filed, the respondent no. 5 shall pass a reasoned and speaking order preferably within a period of further six weeks.

It is needless to say that the aforesaid exercise must be

4/4 completed in the aforesaid period, failing which appropriate order would be passed against the erring officials. Accordingly, the present writ application stands disposed of with the aforesaid directions.

(Harish Kumar, J) shakir/- U