Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7470 of 2019 ====================================================== Ajay Kumar son of Late Baidyanath Jha resident of Digghi South, Donar P.O. Lalbagh, P.S.- Sadar, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

3.

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

L.N. Mithila University, Kameshwar Nagar, Darbhanga through its Registrar.

5.

The Vice Chancellor, L.N. Mithila University, Kameshwar Nagar, Darbhanga 6.

Pro- Vice Chancellor, L.N. Mithila University, Darbhanga. 7.

The Registrar, L.N. Mithila University, Kameshwar Nagar, Darbhanga. 8.

Finance Officer, L.N. Mithila University, Kameshwar Nagar, Darbhanga. 9.

Finance Advisor, L.N. Mithila University, Kameshwar Nagar, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binodanand Mishra For the Respondent/s :

Mr.Madhaw Prasad Yadav (Gp23) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard the parties.

Following reliefs have been sought for in paragraph 1(i) to 1 (ix) of the present application on behalf of the petitioner: 1(i) For issuance of an order, direction or writ including writ in the nature of Mandamus commanding the respondents to make payment of

Patna High Court CWJC No.7470 of 2019(3) dt.15-06-2020 2/3 family pension to the late mother of the petitioner for the period from 3.3.2001 to 23.1.2019.

(ii) For issuance of an order, direction or writ including writ in the nature of Mandamus commanding the respondents to make payment of death cum retirement gratuity to the late father of the petitioner.

(iii) For issuance of an order, direction or writ including writ in the nature of Mandamus commanding the respondents to make payment of leave encashment of the late father of the petitioner. (iv) For issuance of an order, direction or writ including writ in the nature of Mandamus commanding the respondents to make payment of Group Insurance amount with statutory interest of the late father of the petitioner.

(v) For issuance of an order, direction or writ including writ in the nature of Mandamus commanding the respondents to make payment of Provident Fund amount with statutory interest of the late father of the petitioner.

(vi) For issuance of an order, direction or writ including writ in the nature of Mandamus commanding the respondents to make payment of interest at the market rate to the petitioner on the aforesaid admissible lawful dues of the petitioner. (vii) For issuance of an appropriate declaration holding that petitioner is entitled to receive the arrears of unpaid family pension amount of her mother and the payment of other retirement benefits of his late father.

(viii) For issuance of an appropriate declaration holding that the respondent University is required to make payment of the aforesaid lawful admitted dues to the petitioner with interest on the delayed payment at the earliest.

(ix) For any other relief(s) to which the petitioner may be found entitled in the facts and circumstances of the present case."

learned counsel for the petitioner submits that the petitioner may be granted liberty to file a representation before the concerned

Patna High Court CWJC No.7470 of 2019(3) dt.15-06-2020 3/3 authority for the redressal of his grievance. Considering the same, the petitioner is granted liberty to file/make a representation before the concerned authority for the redressal of his grievance. In case, any such representation is made/filed by the petitioner before the concerned authority, the concerned authority shall consider the representation of the petitioner and pass an appropriate order in accordance with law within a period of four months from the date of filing of such representation. With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U