Smt. Kusum Devi v. The Magadh University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21449 of 2018 ====================================================== Smt. Kusum Devi W/o Late Krishna Nandan Singh, Flat No- 204, Hori Sewa Complex Bus Stand Mithapur Patna- 800001.

... ... Petitioner/s

Versus

1.

The Magadh University and Ors 2.

The Vice Chancellor, Magadh University, Bodhgaya. null null 3.

The Registrar, Magadh University, Bodhgaya.

4.

The State of Bihar, through the Principal Secretary, HRD Deppt. Government of Bihar, Patna.

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

For the Petitioner/s :

Mr. Manoj Kumar Yadav For the Respondent/s : Smt.Binita Singh -SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-11-2022 Heard Mr. Manoj Kumar Yadav, learned counsel for the petitioner.

No one appears on behalf of the Magadh University . Learned counsel for the petitioner seeks permission to make Patliputra University as party respondent no. 5. Permission is accorded.

The petitioner, happens to be widow of late Krishna Nandan Singh, who retired on 31.07.2008 from the post of store keeper in SMD College Punpun, Patna and died on 06.09.2018. The grievance of the petitioner is with regard to arrears of pension and outstanding dues, including, the gratuity,

Patna High Court CWJC No.21449 of 2018(4) dt.16-11-2022 2/3 leave encashment and arrears of salary, apart from revised pay scale. The details of which has been mention in Paragraph -7 of the writ application.

A counter affidavit has been filed by the university. It is stated in Paragraph no. 6, 7, 8 and 9 that all the admissible retiral and outstanding dues of the petitioners have stood paid. It is also evident from the averments, that the arrears of revised pension and family pension for the period of 01.08.2008 to 30.11.2018 amounting to Rs. 2,84,498/-, the remaining amount of gratuity on account of revision of pay scale to the tune of Rs.30,190/- and remaining amount of Rs. 72475 under the head of earned leave have already stood paid to the petitioner. At this stage, learned counsel for the petitioner submits that though the counter affidavit reveals that substantive amount has been paid to the petitioner but still certain amount is due under the head of arrears of salary on account of revised pay scale has not been paid.

In view of the submissions and the materials available on the record, this writ application is disposed of with a direction to the petitioner that, if still some grievance remains survive, the petitioner may file a representation before the Registrar, Patliputra University within a period of four weeks

Patna High Court CWJC No.21449 of 2018(4) dt.16-11-2022 3/3 from today. If such representation is filed on behalf of the petitioner, the Registrar, Patliputra University shall consider the same and pass a reasoned and speaking order, preferably, within a period of further six weeks. It is needless to say that if any of the claim of the petitioner finds favour, necessary order for payment of the same would be passed.

Accordingly, the present writ application stands disposed of with the aforesaid observation and direction. (Harish Kumar, J) N.K/- U