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Patna High CourtMJC/4723/2013disposed

Amrit Anand And ANR. v. The State Of Bihar And ORS

2017-11-09The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4723 of 2013 IN Civil Writ Jurisdiction Case No. 18750 of 2010 ===========================================================

1. Amrit Anand S/o- Dr. Chittranjan Bhakta , R/o - Flat No. G-3 Grand Pallavi Court Judge's Court Road , Behind B.N. College, P.S. - Pirbahore, District- Patna,

2. Anando Bhakta , S/o- Dr. Chittranjan Bhakta , R/o - Flat No. G-3 Grand Pallavi Court Judge's Court Road , Behind B.N. Collage, P.S. - Pirbahore, District- Patna, .... .... Petitioner/s

Versus

1. The State Of Bihar , through Amarjeet Sinha , Principal Secretary Higher Education New Secretariat Bailey Road , Patna.

2. Mr. Arun Kumar , The Vice Chancellor Patna University , Ashok Rajpath Patna.

3. Mr. Vibhas Kumar Yadav , The Registrar Patna University Ashok Rajpath Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. RADHA MOHAN PATHAK For the Respondent/s : Mr. MADHURESH PRASAD =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 09-11-2017 From the counter affidavit filed by the respondents, it is clear that the claim of the petitioners, as per the calculation made by the University has been settled.

Prayer of the petitioners now from the supplementary affidavit is that the interest calculation of on Provident Fund amount has not been properly made as per the order dated 08.03.2013 passed in C.W.J.C. No. 18750 of 2010 which would show that the University was directed to settle the claim within a reasonable period of time. Records indicated that the claim as per the calculation done by the University has been settled. Now, with regard to the

Patna High Court MJC No.4723 of 2013 dt.09-11-2017 dispute about the manner in which the claim has been settled and the interest paid between the petitioners and the respondent cannot be adjudicated in a contempt proceeding.

Once the order passed in the writ petition has been complied with no further action is required in the matter. The petition is disposed of with liberty to the petitioners to raise their grievance, with regard to modification of order of payment of the interest at the rate lower than entitlement of the petitioners which has been ventilated by the petitioners in the supplementary affidavit, in accordance with law before the appropriate forum/court. The case stands disposed of with the aforesaid liberty. (Rajendra Menon, CJ) KKSINHA/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.11.2017 Transmission Date NA