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Patna High CourtCWJC/6925/2025disposed

Ravi Bhushan Sinha v. The State Of Bihar

2025-10-09Mr. Justice Ajit Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6925 of 2025 ====================================================== Ravi Bhushan Sinha S/O- Madan Mohan Prasad Sinha R/O- Maharana Pratapnagar, P.O and P.S.-Bhagwan Bazar, Distt.- Saran at Chapra, Bihar (841301) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Education, Govt. of Bihar, Patna 2.

The Director, Higher Education, Govt. of Bihar, Patna. 3.

The Vice-Chancellor, B.R.A. Bihar University Muzaffarpur, 4.

The B.R.A. Bihar University Muzaffarpur through its Registrar. 5.

The Vice-Chancellor Jai Prakash, University Chapra. 6.

The Jai Prakash University, Chapra through its Registrar. 7.

The Finance Officer, Jai Prakash, University Chapra. 8.

The Principal / Prof.in-charge Rajendra College, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Shekhar Tiwary, Adv., Ms. Pragya Sinha, Adv., Mr. Abhishek Kumar, Adv., Mr. Anuranjan Patel, Adv.

For the State :

Mr. Yogendra Prasad Sinha, AAG-7 For B.R.A.B.U.

:

Mr. Bindhyachal Rai, Adv.

For J.P.U.

:

Mr. Bajarangi Lal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the University.

2. The petitioner has filed the instant writ petition for the following relief:- "A) The Respondent J.P.

University Chapra may kindly be directed to ensure immediate payment towards :- i. Group Insurance Amount with up to date interest in continuity till the date

2/4 of final payment, in view of Prf. Surendra Bahadur Case since reported in 2006(4) PLJR 369 (affirmed up to the Hon'ble Apex Court).

ii Petitioner's pay scale may kindly be revised/revisit in view of the letter/recommendation made by the Pay Verification Cell as ensure payment of differential amount towards pay and allowances, pension, gratuity, E.L. etc. at the earliest, while furnishing calculation chart to that effect iii. Statutory/penal interest admissible on account of delayed payment against the gratuity, leave encashment/earned leave amount etc.

iv. The differential arrear on account of 5th 6th and 7th Revision of pay scale/ correction in pay scale may kindly be allowed in view of the petitioner's entitlement, within four corner of law.

B) The Respondents B.R.A. Bihar University May kindly be directed to ensure immediate payment towards:

i. Differential arrear of pay & allowances (i.e. D.A., H.R.A, M.A., I.R. etc.) for the period admissible prior to period October 1992 i.e. prior to creation of the J.P. University Chapra.

ii. D.D.A. amount with up to date statutory interest till a date of final payment in view of Prf. Surendra Bhadur case reported in 2006 (4) PLJR 369 read with Doodh Nath Tiwari Case, since reported in

3/4 2000 (4) PLJR C) Up to date statutory cum penal interest also may kindly be allowed to the petitioner against each and every head above said as the same has not been paid till date despite repeated order of this Hon'ble Court passed time and again.

D) Cost of the present petition also may kindly be allowed in favor of the petitioner as the same is result/ outcome of repeated harassment made on behalf answering respondents.

E) Any other relief or reliefs also may kindly be allowed for which the petitioner be found entitle on the opinion of this Hon'ble Court."

3. At this stage, learned counsel for the petitioner submits that despite representation in this regard having been filed for redressal of his grievances, which is sought in the writ petition by way of relief, the necessary orders have not been passed by the authorities of the University and further prays that appropriate direction may be issued to decide the claim of the petitioner, which is mentioned in the writ petition.

4. On the other hand, learned counsel representing University submits that petitioner may be directed to file appropriate representation with supportive documents, so that the grievances raised in the writ petition can be adjudicated by

4/4 the Registrar, Jai Prakash University, Chapra, respondent no. 6, and necessary order, which is to be passed, shall also be communicated to the petitioner within the period prescribed by this Hon'ble Court.

5. In view of the above, the Registrar, Jai Prakash University, Chapra, respondent no. 6, is directed to take final decision on the representation, which is to be filed within a period of four weeks from today and on filing of such representation, necessary order shall be passed within a further period of six weeks by adjudicating the entitlement of the petitioner and upon finding the claims to be admissible, the benefit shall also be extended within the same period.

7. Accordingly, the instant writ petition stands disposed of.

(Ajit Kumar, J) pravinkumar/- U