Akhileshwar Prasad Sinha v. The State Of Bihar Through The Principal Secretary Department Of Human Resources

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2768 of 2015 In Civil Writ Jurisdiction Case No.12424 of 2013 ====================================================== Akhileshwar Prasad Sinha, Son of Late Jamuna Prasad Sinha, Resident of Village - Cheful, P.O.- Cheful, P.S.-Manjhi, Dist.-Saran at Chapra ... ... Petitioner/s

Versus

1. The State Of Bihar through the Principal Secretary Department Of Human Resources (Higher Education) Government of Bihar, New Secretariat, Bailey Road, Patna Sri Rajneesh Kumar Mahajan.

2. The Vice Chancellor, Baba Sahib Bhim Rao Ambedkar, Bihar University, Muzaffarpur, Dr. Pandit Prabhakar Palande.

3. The Financial Advisor, Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur, Md. Moiuddin.

4. The Registrar, Baba Saheb Bim Rao Ambedkar, Bihar University, Muzaffarpur, Dr. Ratnesh Mishra.

5. The Finance Officer, Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur, Sri Raj Narayan Sinha.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mrs.Gp10 Kumari Amrita ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-02-2019 Heard learned counsel for the parties.

Having regard to the statements made by the opposite party nos. 2 and 4 in the show-cause, particularly, in para 5 to 8, the Court is not inclined to proceed any further. Para 5 to 8 are quoted herein below:

"5. That in the light of representation of the petitioner, the B.R.A. Bihar University, Muzaffarpur examined the claim of the petitioner and prepared the abstract of Pre retiral and post retiral dues in admissible pay scale of 55009000/-.

6. That it is stated that in this regard net claim of

Patna High Court MJC No.2768 of 2015(7) dt.25-02-2019 2/2 the pre retiral dues of the petitioner amounts to Rs.3,68,445/- (Rs Three lacs Sixty eight thousands four hundred and forty five only).

7. That it is further stated that remaining post retiral dues after adjustment of previous payment made to the petitioner amounts to Rs.6,26,762/- (Rs Six lac twenty six thousand Seven hundred and sixty two only).

8. That it is stated that the total amount of Rs.9,95,207/- ( Rs.3,68,445 + Rs.6,26,762) has been sanctioned for payment by the Vice Chancellor, B.R.A. Bihar University, Muzaffarpur and accordingly treasury advice is being issued for payment in compliance of the order of this Hon'ble court."

Accordingly, this application is disposed of with liberty to the petitioner that if he is aggrieved by the calculation or less payment of the payable amount, to raise the issue of wrong calculation or less payment in accordance with law before the appropriate authority. In the event, such petition is filed by the petitioner before the Registrar of the University, he/she shall address the same by reasoned and speaking order within a period of three months from the date of filing of such petition.

(Anil Kumar Upadhyay, J) uday/- U