Kumar Awadhendra Narayan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6164 of 2015 ===========================================================

1. Kumar Awadhendra Narayan son of Late Dwarika Sharan, Resident of villageDharahara, P.S.- Barnausa, Nalanda (Bihar Sharif) .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Human Resources Development Department (Deptt. of Education), New Secretariat, Patna

2. The Director, Higher Education, Deptt. of Education, Govt. of Bihar, Patna

3. The Principal Secretary, Department of Finance, Govt. of Bihar, Patna

4. The Magadh University, Bodh Gaya through the Registrar

5. The Vice Chancellor, Magadh University, Bodh Gaya

6. The Finance Officer/Finance Controller, Magadh University, Bodh Gaya .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sujeet Kumar Sinha, Adv. Mr. Indu Bhushan Pandey, Adv.

For the Respondent/s : Mr. Raghwanand, GA-11 For the University : Mr. Girijesh Kumar, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 21-12-2016 This writ application has been filed by the petitioner for payment of revised gratuity, leave encashment in revised pay scale and provident fund deductions.

2.

Learned counsel for the University, referring to the counter affidavit filed on behalf of the Respondent Magadh University, submits that the enhanced gratuity and arrear of pension in revised pay scale and leave encashment for 203 days have already been paid to the petitioner through cheques issued by the University. 3.

In reply, learned counsel for the petitioner submits that

Patna High Court CWJC No.6164 of 2015 dt.21-12-2016 2/2 though the petitioner was entitled for payment of leave encashment for 221 days, the University has paid the amount for 203 days only and no reason has been assigned for not paying the leave encashment for 18 days. He has also raised certain objections in respect of calculation of interest over the amount of provident fund. 4.

Considering the fact that dues of the petitioner under different heads have already been paid by the University and the dispute remains only for payment of 18 days leave encashment and computation of interest, the writ application is disposed of with liberty to the petitioner to file representation before the Registrar of the University raising his grievances. In case, such a representation is filed within six weeks from today, the Registrar of the University shall be obliged to dispose of the same within a period of two months from the date of its filing by a reasoned and speaking order. (Ashwani Kumar Singh, J) Pradeep/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23-12-2016 Transmission Date