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Patna High CourtCWJC/21121/2018disposed

Kalyani Singh v. The State Of Bihar And ORS

2020-07-09Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21121 of 2018 ====================================================== Kalyani Singh Wife of Ashwini Kumar Choudhary, Resident of Mohalla Sonbarsa Chowk, R.N.A.R. College Road, Samastipur, Police StationSamastipur Muffasil, District- Samastipur. ... ... Petitioner

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, Women's College, Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Ranjan Kumar, Adv For the State :

Mr.Ashutosh Ranjan Pandey- AAG 15 For the University : Mrs. Archana Palkar Khopde ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 09-07-2020 This matter has been taken up through video conference.

2. The following reliefs as formulated by the petitioner have been claimed in the writ petition- "(i) For a direction to the respondents to pay to the petitioner the amount of part unutilised leave encashment near about 195 days without adjusting 131 days of strike period in view of order of Hon'ble Lokayukta and count earn leave 12 days per year from 27.07.1998 to 31.03.2016 in accordance with law;

(ii) For a direction to the respondents to pay to the

Patna High Court CWJC No.21121 of 2018 dt.09-07-2020 2/3 petitioner the amount of Group Insurance with 12.5% compound interest;

(iii) For a direction to the respondents to pay to the petitioner the amount of D.D.A. with 9% interest from the period of 1982 to 1989 near about Rs. 52,071.00 (Annexure--);

(iv) For direction to the respondents to pay to the petitioner the amount of 88 days of salary of strike period because the respondents has been deducted 88 days salary of the petitioner and rest 43 days of strike period has not paid to the petitioner as yet (Annexure--);

(v) For a direction to the respondents to pay to the petitioner the amount of D.A. with H.R.A. from the period of 01.01.2006 to 31.03.2010 near about Rs. 6,88,764.00;

(vi) For a direction to the respondents to pay to the petitioner the amount of penal interest upon the entitled dues amount from the dates they became due till the dates of their respective payment; (vii) Any other relief(s) to which the petitioner be deemed entitled."

3. At the very outset, learned counsel for the petitioner states that some payments have been made by way of retiral dues of the petitioner. It will therefore suffice if the present writ petition is disposed of by granting liberty to the petitioner to file a representation before the appropriate authority for her remaining grievances, and there is no need for going into the detailed merits of the matter.

4. Learned counsel for the respondent-University and for the State appear and have been heard.

Patna High Court CWJC No.21121 of 2018 dt.09-07-2020 3/3

5. Having regard to the stand of the petitioner, the writ petition is disposed of, with liberty to the petitioner to file a representation before the Registrar, Lalit Narayan Mithila University (Respondent no. 3) for redressal of her remaining grievances. If any such representation is filed within a period of two weeks hereof, the same shall be considered and disposed of on its own merits in accordance with law and after grant of an opportunity of hearing to the petitioner expeditiously and in any event preferably within a further period of twelve weeks thereafter.

6. It is also made clear that in view of the ongoing lockdown and Covid-19 pandemic, any correspondence between the parties may be made through email and that the concerned authority shall be at liberty to hear the petitioner through video conference. To enable the same, the petitioner shall furnish her mobile number and e-mail ID to learned counsel appearing on behalf of the University not later than by Monday the 13th July, 2020, for its onward transmission to the concerned authority. (Vikash Jain, J) Chandran/- AFR/NAFR NAFR CAV DATE - Uploading Date 10.07.2020 Transmission Date -