Sarjug Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11192 of 2019 ====================================================== Sarjug Mistri Son of Late Ramjee Mistri, resident of Village- Rampur Jalalpur, P.S.- Dalsingsarai, 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, L.N. M. University, Kameshwar Nagar, Darbhanga. 5.

The Finance Officer, L.N. M. University, Kameshwar Nagar, Darbhanga. 6.

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

For the Petitioner/s :

Mr.Ranjan Kumar For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-06-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as L.N.M. University.

Learned counsel for the petitioner submits that petitioner retired on attaining the age of superannuation on 31.5.2007 as Assistant, R.B. College Dalsingsarai, Samastipur. The grievance of the petitioner in the present writ application relates to release of pension after granting the benefit of ACP, payment of balance dues of earned leave and group insurance with 12.5 % interest and other dues. Considering the fact that petitioner superannuated in 2007, the writ petition is disposed of with a direction to the respondent University to immediately decide the entitlement of

Patna High Court CWJC No.11192 of 2019(2) dt.17-06-2020 2/2 the petitioner for grant of revised pension and other post retiral dues.

It goes without saying that the respondent University is required to grant the benefit of admissible dues to the petitioner in terms of judgment of the Apex Court in Sunny Prakash case.

So far as payment of interest on GIC is concerned, the judgment of this Court in C.W.J.C. No. 11219 of 2011 approved in LPA No. 1253 of 2015 is applicable for payment of interest on group insurance of the petitioner. The claim of the petitioner for revised pension as indicated hereinabove shall be completed by the respondents within a maximum period of 90 days from the date of receipt/production of a copy of this order. In the event of failure, the arrears will carry additional interest @ 9 per cent from the date of filing of the writ application till the date of actual payment.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U