Kaushalya Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5388 of 2016 =========================================================== Kaushalya Devi Wife of Late Ashrarfi Das, resident of village- Mohanpur, P.S.- Samastipur Muffasil, District- Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Department of Education, Government of Bihar, Patna

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

3. The Vice Chancellor, Patna University

4. The Registrar, Patna University

5. The Principal College of Arts & Craft, Patna

6. The Accountant General, Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Bharti, Adv. For the Respondent/s : Mr. GP7- D.K. PRASAD For AG Mr. Raghwanand, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 01-11-2017 Heard learned counsel for the petitioner, State as well as counsel for the Accountant General.

It appears that in the instant case the State authorities are passing responsibility on the University, whereas the University said that State is liable, as the petitioner is not the employee of the University, but an employee of the State. The attitude of the respondent is of shifting the responsibility on the shoulder of other

Patna High Court CWJC No.5388 of 2016 dt.01-11-2017 2/3 offices and authority. The widow cannot be compelled to face the ordeal of litigation, filing representation and moving before one or the other authorities for infinity. Whether the husband of the petitioner was employee of the University or the State Government, in either eventuality the State was obliged to ensure payment of terminal dues.

Under the compelling circumstances when University is shifting burden on the State and the State is passing responsibility on the University, it would be appropriate to direct the Director, Higher Education, State of Bihar to convene a meeting of the officials of the University namely, the Registrar of the Patna University and the Finance Officers of the Patna University in his chamber within a period of two weeks from the date of receipt/production of a copy of this order to finalise the claim of petitioner. It shall be the responsibility of the Director Higher Education to see that the entire terminal dues admissible to the petitioner is paid to her expeditiously preferably within a period of two months from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.5388 of 2016 dt.01-11-2017 3/3 Director Higher Education would identify and fix responsibility. With the aforesaid observation, the application stands disposed of.

(Anil Kumar Upadhyay, J) Vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06/11/2017 Transmission Date NA