Jagan Nath Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2242 of 2012 =========================================================== Jagan Nath Prasad, S/O Late Dhupan Prasad, R/O 70/40 Officers Flat, New Secretariat, Bailey Road, Patna-800001 .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, New Secretariat, Bailey Road, Patna

2. The Chairman, State Backward Class, Commission, 1. No. - 89-94 12A, Jawahar Lal Nehru Marg, Patna-1

3. The Principal Secretary, General Administration Department, Govt. of Bihar, Old Secretariat, Bihar, Patna

4. The Joint Secretary, General Administration Department, Govt. of Bihar, Patna

5. The Vice-Chancellor, Lalit Narayan Mithila University, Darbhanga, DistrictDarbhanga

6. The Registrar, Lalit Narayan Mithila University, Darbhanga, DistrictDarbhanga

7. Member Secretary, State for Backward Class Commission, Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. B. J. Jha, Advocate For the Respondent/s : Mrs. Shilpi Keshri, AC to AAG-10 For L.N. M. University : Mr. Ajay Bihari Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 26-06-2018 Heard learned counsel for the petitioner and the respondents.

2. The only dispute involved in the present writ application is that the respondents have not submitted the contribution for payment of pensionary dues to this petitioner.

3. The petitioner was appointed as Member, State Backward Class Commission, Bihar from 14.01.2009 to 14.01.2012.

4. Learned counsel for the petitioner submits that in view of the fact that the petitioner has discharged the responsibility of Member, Backward Class Commission, Bihar, the State is required to provide contribution for payment of proportional pension for the

Patna High Court CWJC No.2242 of 2012 dt.26-06-2018 2/2 period 14.01.2009 to 14.01.2012.

5. Learned counsel for the University submits that at the moment University received contribution of the State for payment of pension, the University will do the needful and ensure payment of pension. Mr. Ajay Bihari Sinha, learned counsel for the University submits that the leave and pension matter is pending only on account of non-submission of the contribution details from the State.

6. On the other hand, learned counsel for the State submits that necessary information and contribution has already been sent to the University.

7. In view of the above, instead of keeping the matter pending, the writ application is disposed of with a direction to the State to ensure submission of the contribution and details so that the claim of the petitioner for payment of pension is taken care by the University at the earliest. The Court hopes and trusts that the State as well as the University will take step to ensure payment of the claim of the petitioner at the earliest preferably within a period of three months from the date of receipt/production of a copy of this order. (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date03.07.2018 Transmission Date