Chandrawati Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16210 of 2015 ===========================================================

1. Chandrawati Singh, Wife of Late Kashi Nath Singh, resident of Village- Newaji Tola, P.O.- Sandha, P.S.- Chapra Mufassil, District- Saran.

.... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Patna.

2. Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur through its Registrar.

3. The Vice Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.

4. The Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.

5. Jai Prakash University, Chapra through its Registrar.

6. The Vice Chancellor, Jai Prakash University, Chapra.

7. The Registrar, Jai Prakash University, Chapra. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Mahesh Nr. Parbat, Sr. Adv Mr. Sanjay Kumar Jha, Advocate For B.R.A.B. University: Mr. Santosh Kumar Jha, Advocate For J. P. University : Mr. Mrigendra Kumar, Advocate For the State : Mr. Shankar Kumar Thakur, AC to SC 27 =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 05-05-2016 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur, learned Counsel for Jai Prakash University, Chapra, and learned Assistant Counsel to Standing Counsel No. 27 for the State of Bihar.

2/4 The petitioner is the widow of Late Kashi Nath Singh, who retired as a Demonstrator in the Department of Geology, in Jagdam College, Chapra, on 31.05.2010. The husband of the petitioner died on 12.03.2012. The said College is a constituent unit of Jai Prakash University, Chapra, which was earlier under Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.

It is the grievance of the petitioner that despite lapse of 6 (six) years from the date of retirement of her husband, dues against following heads, which the petitioner's husband was entitled to, have not been paid by the University. The petitioner claims payment against following heads:- (i) Group Insurance amount with compound interest @ 12.5 per cent per annum (ii) Amount of deferred dearness allowance with interest @ 9 per cent per annum (iii) Arrears of difference of salary, House Rent Allowance, Dearness Allowance, Medical Allowance etc. for the period between 01.01.1986 to 31.10.1992 (iv) Interim relief for the period 01.11.1988 to 31.12.1989 (v) Increment for the year 01.03.1984 to 31.12.1985 with respect to which the

3/4 claim has been sent by the College concerned.

(vi) Arrears of difference of salary, Dearness Allowance, interim relief for the period 01.11.1992 to 30.06.2003 and 01.01.2006 to 31.05.2010.

Mr. Mahesh Narayan Parbat, learned Senior Counsel appearing on behalf of the petitioner relied on a decision of this Court, in the case of Prof. Surendra Bahadur Singh v. The State of Bihar, reported in 2006

(4) PLJR 369, in support of his submission that the petitioner is entitled for compound interest at the rate of 12.5 per cent per annum.

Considering the nature of relief sought for in the present application, I direct the Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur and the Registrar, Jai Prakash University, Chapra, to ensure that the entire admissible dues, as claimed by the petitioner in the present writ application, which have been mentioned above, are paid within a period of three months from the date of receipt/production of a copy of this order before them. Both the Registrars shall be obliged to furnish to the petitioner the details of calculations of admissibility of the dues against various heads above mentioned at the time of

4/4 making of such payments to the petitioner.

This application stands disposed of with the aforesaid observations and directions.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- AFR/NAFR NAFR CAV DATE N. A.

Uploading Date 09.05.2016 Transmission Date N. A.