Narayan Poddar Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.249 of 2021 ====================================================== Narayan Poddar Anand Son of Late Dwarika Poddar Resident of MohallaMathurapur Ward No.14, Police Station- Warisnagar (Mathurapur O.P.), District- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Commissioner-cum-Secretary, Human Resources Department (Higher Education), Govt. of Bihar, Patna. 2.

The Director, Higher Education, Government of Bihar, Patna. 3.

The Lalit Narayan Mithila University, Kameshwar Nagar Darbhanga through its Registrar.

4.

The Vice Chancellor, Lalit Narayan Mithila University Kameshwar Nagar, Darbhanga.

5.

The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

6.

The Principal, Bali Ram Bhagat College, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar, Advocate For the Respondent/s :

Mr. Priyadarshi Matri Sharan, AC to AAG-15 For University :

Mr. Nadeem Seraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-11-2021 Heard Mr. Ranjan Kumar, learned counsel for the petitioner, Mr. Priyadarshi Matri Sharan, learned AC to AAG-15 for the State and Mr. Nadeem Seraj, learned counsel appearing for the L.N. Mithila University.

The petitioner has filed the present writ application claiming Deferred Dearness Allowance and Group Insurance. Learned counsel for the petitioner submits that the petitioner has retired on 31.1.2016 as a Demonstrator and during pendency of this writ application, other retiral dues of the

Patna High Court CWJC No.249 of 2021(5) dt.16-11-2021 2/3 petitioner has been paid. Further submission of the learned counsel is that similarly situated person had approached this Court in CWJC No. 17279 of 2018 and a co-ordinate Bench of this Court vide order dated 09.2.2021 has directed the University to pay the amount of Group Insurance with interest @ 12.5 per cent.

On the other hand, learned counsel for the L.N. Mithila University submits that Syndicate vide its earlier decision dated 22.9.2018 had taken a decision to pay 8% interest on the Group Insurance. However, the same has further been amended by the decision of Pay Committee dated 4.9.2021 to pay the Group Insurance on the Bank rate of interest. Learned counsel next submits that with regard to the DDA, the same shall be paid to the petitioner within one month with interest @ 9 per cent. In so far as GIC is concerned learned counsel submits that the same shall be paid to the petitioner after getting administrative approval from the concerned competent authority.

In reply, learned counsel for the petitioner submits that the majority of the employees who retired from the University prior to 2018 have been paid interest @ 12.5 per cent on the Group Insurance.

Patna High Court CWJC No.249 of 2021(5) dt.16-11-2021 3/3 I have heard learned counsel for the parties and have gone through the materials available on record carefully and the order passed by a co-ordinate Bench of this Court in CWJC No.17279 of 2018.

Upon considering the submission made by the parties, it is evident that the petitioner has retired on 31.01.2016 i.e. prior to the decision of the Syndicate regarding interest upon the Group Insurance @ 8 per cent and at Bank rate. As such in my opinion, the petitioner cannot be denied interest @ 12.5% on the Group Insurance.

Accordingly, I direct the Respondent - L.N.Mithila University, to pay the DDA with interest @ 9% as well as Group Insurance to the petitioner with interest upon it @ 12.5 per cent within a period of three months from the date of receipt/production of a copy of this order.

With aforesaid observation and direction, this writ application stands disposed of.

(Anil Kumar Sinha, J) S.Ali/- U