Dr. Murari Nandan Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9004 of 2018 =========================================================== Dr. Murari Nandan Prasad S/o Late Kamal Nandan Prasad resident of Bengali Tola, Mahaseth Colony, P.S. - Laheriasarai, District - Darbhanga, retired as Associate Professor in the Department of Botany, C.M.B. College Deorh, Ghoghardiha, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director, Higher Education, Govt. of Bihar, New Secretariat, Patna.

3. The Vice-Chancellor, L.N. Mithila University, Darbhanga.

4. The Registrar, L.N. Mithila University, Darbhanga.

5. The Finance Officer, L.N. Mithila University, Darbhanga.

6. The Principal, C.M.B. College Deorh, Ghoghardiha, District - Madhubani.

7. The Financial Advisor, L.N. Mithila University, Darbhanga.

8. The Pension Officer, L.N. Mithila University, Darbhanga. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate For the State : Mr. Ram Vinay Pd. Singh, AC to GA-XII For the University : Mrs. Binita Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 20-08-2018 Heard learned counsel for the petitioner; State and L.N. Mithila University (hereinafter referred to as the 'University').

2. In terms of order dated 08.08.2018, Mr. Surendra Kumar Singh, Vice Chancellor; Mr. Nisheeth Kumar Rai, Registrar; Mr. Vinod Kumar, Finance Officer; Mr. Md. Amanul Haque, Financial Advisor and Mr. Shahid Masud Zafar, Pension Officer of

Patna High Court CWJC No.9004 of 2018 dt.20-08-2018 2/3 L.N. Mithila University are present. Affidavits have also been filed individually by all of them.

3. It is admitted by learned counsel for the petitioner that payment of Group Insurance, as is required under law, with 12.5% interest has been paid to the petitioner and with regard to D.D.A., the amount would be paid within one week.

4. In such view of the matter, the writ petition having served its purpose stands disposed off.

5. However, as the Court has to ensure that a system is in place where employees retiring do not have to run to the Court facing harassment for payment of their admitted retiral dues, the Court would direct the Financial Advisor; Finance Officer; Pension Officer; Mr. Mohan Jha, Section Officer (Pension); Mr. B. N. Jha, Assistant; Mr. Bechan Yadav, Assistant; Mr. Sisir Nath Jha, Assistant and Mrs. Bharti, Assistant (Group Insurance) to ensure that matters put up before them are dealt with promptly without delay. Even with regard to the objections raised, the Court would give liberty to the Vice Chancellor and Registrar of the University to bring to the notice of the Court any matter, in which it transpires that such objections are baseless, frivolous and only for the purpose of creating obstacles and causing delay. The Court would also indicate that if such matters are brought to the notice of the Court, the Court would look into the

Patna High Court CWJC No.9004 of 2018 dt.20-08-2018 3/3 merits of the objections by the officers concerned and fix personal responsibility on them and, as a consequence, shall also initiate and direct for, as the case may be, appropriate and strict action against the concerned individual.

6. For such purpose, the Court gives the Vice Chancellor and the Registrar of the University a free hand for ensuring that there is promptness in dealing with and in payment of at least the admitted retiral dues of the employees concerned without delay. The Court reiterates that the officers concerned shall strictly comply with the order, failing which it would amount to a deliberate and wilful violation of the order of the Court.

7. Personal appearance of the officers stands dispensed with.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U