Rajendra Mishra v. The Vice Chancellor, Tilka Manjhi Bhagalpur University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.554 of 2016 =========================================================== Rajendra Mishra, S/o Late Bijay Kant Mishra, H/o Late Professor Dr. Madhulika Sinha, Resident of Lalkothi, Opposite Muslim Girls High School, Tarapur, District- Bhagalpur.

.... .... Petitioner

Versus

1. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur- 812007.

2. The Registrar, Tilka Manjhi, Bhagalpur University, Bhagalpur-812007

3. The Principal, T.N.B. College, Bahagalpur, District- Bhagalpur-812007 .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Ravindra Kumar Sinha, Advocate For the T.M.B.U. : Mr. Gautam Kejriwal, Advocate =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 18-05-2016 Heard parties.

Petitioner claims to be the husband of late Dr. Madhulik Sinha who died while serving as Head of Department of Psychology in T. N. B. College, Bhagalpur, a constituent unit of Tilka Manjhi Bhagalpur University.

It is contended that the death-cum-retiral dues including the family pension of the petitioner are still to be paid though a succession certificate has already been issued by the competent court which has been filed before the respondents. It is contended that though a representation was given to the Registrar, Tilka Manjhi Bhagalpur University vide Annexure 4 appending therewith the

Patna High Court CWJC No.554 of 2016 dt.18-05-2016 2 / 2 certified copy of the succession certificate, however, no decision has been taken as yet.

Accordingly, I direct the respondent no.2, the Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur to examine the case of the petitioner and take a decision with regard to payment of deathcum-retiral dues if the petitioner is found entitled to receive the same in accordance with law within a period of two months from the date of receipt/production of a copy of this order. However, if the petitioner is found entitled to receive the admissible dues including the G.P.F. etc. along with the statutory interest, if any, then the same should be paid within a further period of three months.

This disposes of the writ petition.

(Dr. Ravi Ranjan, J) Sanjay-II/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.6.2016 Transmission Date NA