Md. Mobin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8413 of 2023 ====================================================== Md. Mobin Ansari, Son of Late Md. Yasin, Resident of Mohalla- Mewati Tola, P.O and P.S- Sasaram, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Vice- Chancellor, Veer Kunwar Singh University, Ara. 3.

The Registrar, Veer Kunwar Singh University, Ara. 4.

The Finance Officer, Veer Kunwar Singh University, Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Dubey, Advocate Mr. Kumar Gaurav, Advocate Mr. Shashank Kashyap, Advocate Ms. Sheshadri Kumari, Advocate For the State :

Smt. Binita Singh, SC-28 For the University :

Mr. Rajesh Prasad Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 06-07-2026 Learned Advocate for the respective parties are present.

2. In deference to the order of this Court dated 08.01.2024, the Registrar and the Finance Officer, Veer Kunwar Singh University, Ara are present.

3. 3rd Supplementary Counter Affidavit has been filed on behalf of respondent nos. 2 to 4, which is taken on record.

4. Mr. Rajesh Prasad Choudhary, learned Advocate for the University submits that the claim of the petitioner rests

2/5 upon the order passed by the learned coordinate Bench of this Court in C.J.C. J.C. No. 8700 of 2017 wherein the Court vide its order dated 24.01.2018 has ruled in para.4 of the judgment to extend the compound interest on Group Insurance at the rate of 12.5% and in the line with such judgment a notification dated 21.03.2018 has been issued.

5. During consideration of the claim of the petitioner, the authorities of the University has taken note of the fact that in compliance with the directive of Finance Department, Government of Bihar vide Resolution No. 4185 B(2) dated 13.07.1985, the interest over the GIS was paid at the rate of 12.5% up to February, 2002 and further on the decision of the University's Statutory Body i.e. Finance Committee, Syndicate and Senate, the interest rate was fixed @ 4% simple interest w.e.f. March, 2002, as the amount deposited in the Bank account of the University was not able to fetch the Bank interest more than 4% per annum. It is further contended that the Court while passing the order dated 04.04.2018 in C.W.J.C. No. 8700 of 2017 also observed and clarified that as and when the University in the State of Bihar feels that the direction given by the Court in the order dated 24.01.2018 is in conflict with the statutory provision/order of any court, it shall be open to the

3/5 concerned University to file appropriate application seeking any clarification/modification/further direction. It is further urged that now the scheme with regard to Group Insurance has also come to an ends with effect from 01.12.2018 by the decision of the Syndicate of the University.

6. It is lastly contended that now the University intends to file modification petition in C.W.J.C. No. 8700 of 2017, as the University is not in a position to make payment of compound interest as directed.

7. Dispelling the aforesaid contention, Mr. Ranjan Kumar Dubey, learned Advocate for the petitioner submitted that non-payment of compound interest at the rate of 12.5% is in the teeth of the order passed by the learned coordinate Bench of this Court in C.W.J.C. No. 8700 of 2017 and the present supplementary counter affidavit is contemptuous in nature for the simple reason that neither the decision of the University Statutory Body has been placed on record nor the University has filed any modification/clarification of the order dated 24.01.2018 passed in C.W.J.C. No. 8700 of 2017. He also referred to paragraph no.17 of the supplementary counter affidavit that the University is ready to pay the amount of compound interest at the rate of 12.5% through a cheque in

4/5 course of the day, if this Court will direct.

8. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the fact that till date the order of the learned coordinate Bench of this Court passed in C.W.J.C. No. 8700 of 2017 has yet not been clarified or modified and still holds the field good, this Court left with no option, but to direct the Registrar as well as Finance Officer of the University to ensure payment of 12.5% compound interest on the amount of Group Insurance to the petitioner.

9. At this juncture, the Registrar of the University furnished a cheque, bearing no. 097256, for an amount of Rs.3,62,398/- and the same has been handed over to Mr. Rajan Kumar Dubey, learned Advocate, who appears on behalf of the petitioner, who in turn has also made acknowledgment in the file. However, he submits that prima faice it appears that the calculation has not been made in the manner, which was required to be done, and, as such, he seeks liberty to represent before the Registrar of the University with a clear statement of account of the compound interest for the Group Insurance Scheme.

10. Suffice it to observe that in case, such a

5/5 representation is filed before the Registrar of the University preferably within a period of two weeks, the same shall be considered and disposed of within a further period of ten weeks.

11. Before parting with the case, this Court also deems it fit and proper to observe that since the very case of the respondent University is that all the payment is being made subject to the final outcome of the modification application, which he intended to file. It is made clear that the payment of interest over the GIS shall be abide by the modification/clarification of the order dated 24.01.2018, if so made by the Court in future.

12. The writ petition stands disposed of.

13. Personal appearance of the Registrar and the Finance Officer, Veer Kunwar Singh University, Ara are hereby dispensed with.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.07.2026 Transmission Date NA