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Patna High CourtCWJC/13040/2021disposed

Prem Chand v. The State Of Bihar

2023-06-26Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13040 of 2021 ====================================================== Prem Chand Son of Late Kesvar Singh, Resident of Village - Muradpur, Bangra, Police Station- N.H. Bangra, District - Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Commissioner-Cum-Secretary Human Resources Department (Higher Education) Govt. of Bihar, Patna. 2.

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

The Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga through its Registrar.

4.

The Vice- Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5.

The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

6.

The Principal, Samastipur College, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar, Advocate.

For the Respondent/s :

Mrs. Meera Singh, AC to GP-23.

For the University :

Mr. Shailash Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 26-06-2023 Heard Mr. Ranjan Kumar, learned counsel appearing on behalf of the petitioner; Mrs. Meera Singh, learned AC to GP-23 for the State and Mr. Shailash Kumar, learned counsel for the University.

2. The writ petition has been filed for the following reliefs:

I. For a direction to the respondents to pay to the petitioner the amount of revised gratuity Rs.3,23,118/- in A.C.P. / M.A.C.P. Scale in Grade Pay Rs.5400/-.

ii. For a direction to the respondents to pay to the petitioner the amount of earn leave 112 days in revised scale grade pay Rs.5400/- because earn leave 158 days entered in service book by the principal and respondents have paid 46

Patna High Court CWJC No.13040 of 2021 dt.26-06-2023 2/3 days earn leave amount in favour of the petitioner (Annexure-2).

iii. For a direction to the respondents to pay to the petitioner the amount of part G.I. with 12.5% compound interest.

iv. For a direction to the respondents to pay to the petitioner the amount of D.D.A. with 9% per year interest from the period 1982 to 1989.

v. For a direction to the respondents to pay to the petitioner the amount of different of pension from 01.02.2015 to February, 2019 in A.C.P. / M.A.C.P. Scale Grade Pay Rs.5400/- vi. For a direction to the Respondents to pay to the petitioner the amount of difference of salary from March, 1989 to 31.01.2015 in A.C.P./M.A.C.P. Scale.

Vii. For a direction to the Respondents to pay to the petitioner the amount of interest of gratuity and pension by the Government Circular bearing No.P-C-21-16179/3155 dated 07.11.1981 and pay penal interest upon the entire dues from the dates they became due till dates of respective payment.

viii. Any other relief (s) to which the petitioner deemed entitled.

3. Learned counsel appearing on behalf of the petitioner seeks to file a detailed representation before the Registrar of the University in light of the judgment passed by this Court in C.W.J.C. No. 6672 of 2019 ( Devata Devi Vs. The State of Bihar & Ors.) along with analogous cases.

4. Considering the aforesaid submission made on behalf of the petitioner, the petitioner, if so advised, may file a detailed representation along with a copy of the order dated 06.10.2021 passed in C.W.J.C. No. 6672 of 2019 ( Devata Devi Vs. The State of Bihar & Ors.) along with analogous cases.

5. The representation of the petitioner with respect to the retiral dues as claimed in the present writ petition must be

Patna High Court CWJC No.13040 of 2021 dt.26-06-2023 3/3 disposed of within a period of four weeks from the date of filing of the representation.

6. The writ petition, accordingly, stands disposed of.

(Purnendu Singh, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 29.06.2023 Transmission Date N.A.