Chandana Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14449 of 2019 ====================================================== Chandana Jha D/o Bidyanand Jha, resident of Amla Tola, Town and P.S. and District- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The B.N. Mandal University, Laloonagar, Madhepura, through the Registrar. 3.

The Vice Chancellor, B.N. Mandal University, Laloonagar, Madhepura. 4.

The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura. 5.

The Finance Officer, B.N. Mandal University, Laloo Nagar, Madhepura. 6.

The Incharge- Principal, M.J.M. Mahila College, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Jha, Advocate For the Respondent/s :

Mr. Umesh Narayan Dubey, Advocate For the University :

Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 11-12-2023 Heard Mr. Rakesh Kumar Jha, learned counsel appearing on behalf of the petitioner, Mr. Umesh Narayan Dubey, learned counsel for the State and Mr. Ritesh Kumar, learned counsel for the B. N. Mandal University.

2. It is submitted on behalf of the petitioner that despite having been superannuated on 31.12.2017, from the post of Principal (In-charge) of M J M Mahila College, Katihar, when she has not been accorded her arrears of salary and other retiral benefits, she compelled to file the present writ petition. However, he submits across the Board that during the pendency

Patna High Court CWJC No.14449 of 2019 dt.11-12-2023 2/2 of the writ petition, substantive amount under different heads have been paid to her except part of gratuity to the tune of Rs. 10 lakhs and the admissible amount under the head of leave encashment.

3. Mr. Ritesh Kumar, learned counsel for the University fairly submits that the respondent University shall ensure the payment of the admissible amount under the head of gratuity as well as leave encashment within reasonable period, as the petitioner has superannuated way back in the year 2017 itself.

4. Considering the submissions made on behalf of the learned counsel for the University, the present writ petition stands disposed of with a direction to the respondent nos. 4 and 5 to ensure the admissible part payment of the gratuity as well as leave encashment, preferably within a period of 8 weeks, failing which the petitioner shall be entitled for statutory interest over the delayed payment.

(Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.12.2023.

Transmission Date NA