Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8966 of 2023 ====================================================== Arvind Kumar Son of Ram Autar Singh, Resident of Mohalla- Kharauna Bagicha, Near Sahara office, Police Station- Sampatchak, District- Patna. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Director, Higher Education, Bihar, Patna. 4.

The Patna University, through its Registrar, Patna University, Patna. 5.

The Vice Chancellor, Patna University, Patna. 6.

The Registrar, Patna University, Patna.

7.

The Principal, Vanijya Mahavidhyalaya, Patna University, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the State :

Mr. Kumnesh Singh, AC to SC-28 For the University :

Mr. Nadim Seraj, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 31-08-2023 Heard Mr. Sanjay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Kumnesh Singh, learned counsel appearing on behalf of the State.

2. Learned counsel appearing on behalf of the petitioner submits that petitioner is aggrieved by arbitrary and callious action taken by the Registrar in fixing the pension of the petitioner. He further submits that he had retired from the post of Upper Division Clerk on 31.01.2023 and pension was required to be fixed on the

Patna High Court CWJC No.8966 of 2023 dt.31-08-2023 2/3 last pay drawn by him. He further submits that even though the University Officers have not denied, as would appear from Annexure-3, which has been issued under the signature of Principal, Vanijya Mahavidhyalaya, Patna University, Patna.

3. Mr. Nadim Seraj, learned counsel appearing on behalf of the University submits that from the letter issued by the Principal, Vanijya Mahavidhyalaya, Patna University, Patna it appear that last pay of petitioner is Rs. 72,986/-. However, the Finance Officer has disputed the said fact and fixing the pension of the petitioner applicable to the post of Lower Division Clerk.

4. Considering such disputed question of fact, and the fair submission made by Mr. Nadim Seraj, the petitioner if so advise may file detail representation before the Registrar, Vanijya Mahavidhyalaya, Patna University, Patna.

5. The Registrar, Vanijya Mahavidhyalaya, Patna University, Patna is directed to call for service records relating to the petitioner from the office of Principal, Vanijya Mahavidhyalaya, Patna University, Patna and take steps to redress the grievance of the petitioner in accordance with law within a period of three weeks from the date of filing of the representation and make payment of all applicable pension in the case of the petitioner including statutory interest on account of delay.

Patna High Court CWJC No.8966 of 2023 dt.31-08-2023 3/3

6. With the above observation and direction the writ petition stands disposed of.

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