Kundan Kishore Tiwary And ANR. v. The Patna University Through Its Vice Chancellor And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1310 of 2013 In Civil Writ Jurisdiction Case No. 13675 of 2012 ======================================================

1. Kundan Kishore Tiwary S/O Late Tibhuwan Tewary R/O Mohalla - Pallavi Nagar, Koii Tola, Patna - 800007, P.S. Alamganj, Distt. Patna

2. Harsh Ranjan S/O Late Tribhuwan Tewary R/O Mohalla - Pallavi Nagar, Koii Tola, Patna - 800007, P.S. Alamganj, Distt. Patna .... .... Petitioner/s

Versus

1. The Patna University through Its Vice Chancellor Pof. Shambhu Nath Singh

2. Shri Vibhash Kr. Yadav, the Registrar Patna University

3. Sri Rakesh Verma the Principal Patna Law College, Patna

4. The State Of Bihar through Its Principal Secretary Sri Human Resources Development Department Govt. Of Bihar, Patna

5. Shri Sita Ram Singh, the Director (Higher Education) Grievance Redressal Committee, Human Resources Development Department Govt. Of Bihar, Patna .... .... Opp.Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 16-03-2016 Heard learned counsel for the petitioners and learned counsels for the Patna University and for the State. The petitioners allege willful disobedience of the order dated 30.07.2012 passed by this Court in CWJC No. 13675 of 2012.

This Court by the said order, while disposing of the writ petition, had directed the respondents to ensure that all the admissible post retiral dues of the original petitioner are paid to him within a period of four months from the date of receipt/production of a copy of the order.

Patna High Court MJC No.1310 of 2013 (3) dt.16-03-2016 2/2 It is now submitted on the basis of supplementary show cause filed on behalf of the opposite parties of Patna University that the entire amount has been paid to the petitioners and in that process an excess amount paid of Rs. 4,71,033/- has been adjusted from the amount of gratuity. Learned counsel for the petitioners submits that the same is not justified. It is evident that the adjustment of excess amount paid cannot be subject-matter of the present contempt matter in view of the nature of the order that had been passed. The contempt application is, accordingly, dismissed.

It shall be open to the petitioners to challenge the action of the opposite parties in appropriate proceedings. (Ramesh Kumar Datta, J) S.Pandey/- U