Sudhir Kumar Mallik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11242 of 2023 ====================================================== Sudhir Kumar Mallik Son of Jay Kishor Mallik, Resident of MohallaMahanth Nagar, Barmasia, P.O. and P.S. Katihar, District-Katihar, the retired Steno-cum-Typist, K.B. Jha College, Katihar, District-Katihar. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Education Department, Government of Bihar, Patna.
3.
The Director Higher Education, Education Department, Government of Bihar, Patna.
4.
The Vice Chancellor, Purnea University, Purnea. 5.
The Registrar, Purnea University, Purnea.
6.
The Finance Officer, Purnea University, Purnea. 7.
The Vice Chancellor B.N. Mandal University, Laloo Nagar, Madhepura. 8.
The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura. 9.
The Finance Officer, B.N. Mandal University, Laloo Nagar, Madhepura. 10.
The Principal, K.B. Jha College, Katihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Singh, Adv.
For the State :
Smt. Binita Singh (SC28) For the Purnea University :
Mr. Rakesh Kumar Samrendra, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 06-02-2024 Heard Mr. Vijay Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Rekesh Kumar Samrendra, learned counsel for the Purnea University. Learned counsel for the B. N. Mandal University as well as learned counsel for the State are also present.
2. The petitioner, who superannuated from the post of Steno-cum-Typist on 28.02.2023, has filed the present writ
Patna High Court CWJC No.11242 of 2023 dt.06-02-2024 2/3 petition seeking a direction upon the respondent-Universities to ensure the payment of all his admissible dues, including the full pension, General Provident Fund, leave encashment, Gratuity, Group Insurance and another benefits, for which the petitioner is legally entitled.
3. A counter affidavit has been filed on behalf of the respondent-Purnea University as well as B. N. Mandal University. Submission has been made at the Bar that all the substantive post retiral amount have been paid to the petitioner except the Group Insurance.
4. It is submitted on behalf of the Purnea University that this University was bifurcated from the B. N. Mandal University on 18.03.2018 and, as such, since the bifurcation, till the date of retirement, the petitioner shall be paid all his Group Insurance amount by the Purnea University within a period of four weeks.
5. Similarly, learned counsel for the B. N. Mandal University also submits that the remaining admissible Group Insurance amount which would be found payable to the petitioner for the service rendered in the B. N. Mandal University shall be paid within the period afore-noted.
6. Considering the submissions advanced on behalf of
Patna High Court CWJC No.11242 of 2023 dt.06-02-2024 3/3 learned counsel for the respective Universities and also taking note of the fact that other admissible dues have been paid to the petitioner, the present writ petition stands disposed of with a direction to both the Universities to ensure payment of Group Insurance amount along with the statutory interest, preferably within a period of four weeks from the date of receipt/production of a copy of this order.
7. Needless to observe that any defiance of the order shall be dealt with sternly.
(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 08.02.2024 Transmission Date