Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7585 of 2020 ====================================================== Ranjit Kumar S/o Late Ashok Kumar, Resident of C/o Thakur Prasad at Mohalla Purani Kankarbagh, Gate No.16, Near College of Commerce, Patna, P.S.-Patrakat Nagar, District-Patna 20, at Presently Posted as Clerk, in Nalanda Mahila College, Bihar Sharif, Nalanda. ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Principal 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 Financial 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. 9.

The Principal, Nalanda Mahila College, Bihar Sharif, Nalanda. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar No.1 For the Respondent/s :

Mr.Ritesh Kumar :

Ms.Binita Singh (SC 28) :

Mr.Dr.Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-10-2021 The petitioner's father was a Class-IV employee in Nalanda Mahila College, Bihar Sharif, Nalanda, who died in harness on 18.05.2011. This writ application has been filed for direction to the respondents to pay rest due amount of gratuity, earned leave, arrears of difference of salary after calculation according to 4th, 5th and 6th pay revision commission recommendations and arrears of difference of salary consequent

Patna High Court CWJC No.7585 of 2020(17) dt.22-10-2021 2/3 upon grant of 1st and 2nd A.C.P. (Assured Career Progression) and M.A.C.P. (Modified Assured Career Progression). It is the stand of the University that the petitioner's grievance, as raised in the present writ application, has been redressed except payment of 25% of arrears of difference of salary consequent upon grant of Assured Career Progression to the tune of Rs. 33,599/-.

Learned counsel for the petitioner admits that 75% of the aforesaid amount has already been paid.

In such circumstance, this application is disposed of with a direction to the Finance Officer of the Magadh University, Bodh Gaya (Respondent No. 5) to ensure that remaining 25% of the arrears of salary is paid to the petitioner within two months from the date of receipt/production of a copy of this order, if not already paid.

This application stands disposed of accordingly. The petitioner shall be at liberty to approach the Registrar of the Magadh University to seek revision in the amount of gratuity consequent upon grant of A.C.P./M.A.C.P.. If any representation is made, the same shall be considered by the Registrar, Magadh University and appropriate decision must be taken within two months thereafter. If any

Patna High Court CWJC No.7585 of 2020(17) dt.22-10-2021 3/3 amount is found due on revision of gratuity, the same must be paid within one month thereafter.

(Chakradhari Sharan Singh, J) AKASH/- U