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Patna High CourtCWJC/15516/2021disposed

Dr. Jagdeo Prasad Yadav v. Bhupendra Narayan Mandal University, Madhepura

2023-10-07Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15516 of 2021 ====================================================== Dr. Jagdeo Prasad Yadav ... ... Petitioner/s

Versus

Bhupendra Narayan Mandal University, Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binodanand Mishra, Advocate.

For the State :

Mr. Madhaw Prasad Yadav, GP-23.

For the University :

Mr. Ritesh Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 07-10-2023 Heard the matter in "Virtual Hybrid Mode".

2. Mr. Binodanand Mishra, learned counsel appearing on behalf of the petitioner joined the proceeding through video conferencing and heard Mr. Madhaw Prasad Yadav, learned GP-23 for the State and Mr. Ritesh Kumar, learned counsel for the University in physical mode.

3. Learned counsel appearing on behalf of the petitioner informs this Court that substantial amount of retiral benefits under different heads have already been paid to the petitioner, however, petitioner has not been paid Group Insurance and difference of salary for the period from 20.07.2009 to 21.12.2015. He submits that he will advise the petitioner to file a detailed representation before the Registrar of the University so that the amount on account of difference of salary for the period from 20.07.2009 to 21.12.2015 and Group Insurance can be paid within a short period.

Patna High Court CWJC No.15516 of 2021 dt.07-10-2023 2/2

4. Considering the fact that petitioner has made specific statement in Para-12 with respect to non-payment of difference of salary and Group Insurance, Registrar of the University must ensure to make payment within a period of four weeks from the date of filing of the representation or communication of this order. It goes without saying that petitioner is also entitled for statutory interest on account of delayed payment in light of the decision of the Apex Court in the case of State of Kerala v. M. Padmanabhan Nair reported in (1985) 1 SCC 429 and D.D. Tewari v. Uttar Haryana Bijli reported in (2014) 8 SCC 894 from the date the petitioner is entitled till the date of payment.

5. Writ petition is disposed of with above observation and direction.

(Purnendu Singh, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 10.10.2023 Transmission Date N.A.