Birendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14473 of 2019 ====================================================== Birendra Kumar Singh Son of Late Nawal Kishore Prasad Singh Resident of Mohalla- Srikrishanpuri, Indradeo Path Ward No.5, Police Station- Town, 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, R.N.A.R., College, Samastipur. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Ranjan Kumar For the Respondent State:

Mr. Subash Chandra Mishra, SC-16 Mr. Prabhat Kumar Singh, AC to SC-16 For the Respondent University : Mr. Nadim Seraj, Advocate Mr. Shailesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-08-2021 The petitioner retired while serving under Lalit Narayan Mithila University, Darbhanga, as Reader. He has filed the present writ application seeking direction for payment of his post retiral dues, which, according to him, he is legally entitled to.

Counter affidavit and supplementary counter affidavit have been filed on behalf of the respondent University, from

Patna High Court CWJC No.14473 of 2019(6) dt.24-08-2021 2/3 which it transpires that the petitioner has been paid his dues against various heads. It is, however, not in dispute that difference of pension arrears for the period 01.04.2017 to 29.02.2000 is due and has yet not been paid to the petitioner. In the supplementary counter affidavit, it has been stated that the petitioner has been found entitled to a sum of Rs.6,11,966/- against the said head. It has, however, been stated that the said amount shall be paid to the petitioner once adequate fund is received from the State Government in this regard. It has also been stated that several communications have been made with the State Government for release of fund in this regard.

Considering the facts and circumstances of this case, this application is disposed of with a direction that let the said amount of Rs.6,11,966/-, as found due by the respondent University, be paid to the petitioner within a period of three months from the date of receipt/production of a copy of this order. It is also directed that if any requisition is sent to the State Government for release of fund for ensuring payment to the petitioner by virtue of present order, the respondent State shall take all steps to ensure that the fund is released and the payment is not withheld for non-availability of fund by the State Government.

Patna High Court CWJC No.14473 of 2019(6) dt.24-08-2021 3/3 This application stands disposed of accordingly. (Chakradhari Sharan Singh, J) Pawan/- U