Satyendra Chandra Sinha v. The Tilka Manjhi Bhagalpur University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.788 of 2014 ====================================================== Satyendra Chandra Sinha S/O Late Yugal Kishore Prasad Resident Of Mohalla Rampur Bikhori Opposite Sevyaw Neelam Cinema Road Police Station Kotwali, Post Office Munger, District- Munger. .... .... Petitioner/s

Versus

1. The Tilka Manjhi Bhagalpur University, Through Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur.

2. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur.

3. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur.

4. The Finance Officer, Tilka Manjhi Bhagalpur University, Bhagalpur.

5. The Principal ( Professor In- Charge) J.R.S. College, Jamalpur, Munger.

6. The State Of Bihar, Through The Principal Secretary Human Resources Development Department Bihar, Patna.

7. The Director Higher Education Government Of Bihar, Patna. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 07-04-2015 Heard learned counsel for the parties.

2. Having regard to the fact that the petitioner while holding the post of Professor in J.R.S. College, Jamalpur, which later on became a constituent College of Tilka Manjhi Bhagalpur University, had retired on 30.06.2013 and has been sanctioned his pension @ Rs. 32,230/- with admissible D.A., has a grievance that this sanctioned amount of monthly pension is not as per the last salary drawn by the petitioner, this Court is of the view that such claim of the petitioner can be effectively

redressed only by the pay verification cell of the State Government which would firstly examine as to what was the salary to which the petitioner was legally entitled to draw on the date he had retired from service i.e. 30.06.2013.

3. The petitioner therefore as now must file an application before the Registrar of the Tilka Manjhi Bhagalpur University who then shall forward all the relevant information relating to petitioner along with a copy of the representation of the petitioner to the Director, Higher Education. In such representation, the petitioner may also claim any other amount including leave encashment beyond what has already been paid to him. The Director, Higher Education after getting the salary of the petitioner verified by the pay verification cell shall send back the same to the Registrar of the University.

4. In that view of the matter, this Court also would direct the Director, Higher Education to get the case of

the petitioner referred to pay verification cell constituted by the State Government for employees of the University. The Pay Verification Cell of the State Government thereafter would go into the issue of entitlement of actual salary to which the petitioner was entitled in view of his service records including his legally admissible order of promotion. Such statement of pay verification cell shall thereafter be forwarded by the Director, Higher Education to the Registrar of the University who would accordingly get the petitioner's pension and other retirement benefits revised in terms of the salary statement verified by the pay verification cell. It goes without saying that if the petitioner finds anomaly such pay fixation he shall be entitled to file his representation to the Registrar of the University who in turn with his comments shall send it for the final decision of the Principal Secretary of Education Department.

5. This entire exercise as directed above, however,

must be completed within a period of four months from the date of receipt of the representation of the petitioner enclosing a copy of this order by the all concerned.

6. With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Ranjan/- U