Arun Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11010 of 2023 ====================================================== Arun Kumar Sinha Son of Late Uma Shankar Prasad, Resident of Mohalla Salempur, P.S. Tekari, District Gaya (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reform, Govt. of Bihar, Patna.

2.

The Vice Chancellor, Veer Kuer Singh University Ara (Bihar). 3.

The Registrar, Veer Kuer Singh University Ara (Bihar). 4.

The Finance Officer, Veer Kuer Singh University Ara (Bihar). 5.

The Principal Jawahar Lal Nehru College, Dehri on Sone. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Advocate For the Respondent/s :

Mr. Manoj Kumar Sinha, AC to SC-19 For the V.K.S. University:

Mr. Anand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-01-2024 Heard Mr. Vyas Kumar Mishra, learned counsel appearing on behalf of the petitioner and Dr. Anand Kumar, learned counsel appearing on behalf of the Veer Kuer Singh University. The State is represented by Mr. Manoj Kumar Sinha, learned counsel.

2. The petitioner who superannuated on 31.01.2019 from the post of Accountant, Jawaharlal Nehru College, Dehri on Sone, Rohtas has filed the present writ petition for the reliefs as prayed for in the writ petition :

" That this petition is being filed for direction to the authority concerned to Pay the Post retiral dues relating to

Patna High Court CWJC No.11010 of 2023(6) dt.11-01-2024 2/3 gratuity paid in part as after sixth pay revision 40% of gratuity is dues and no gratuity amount as per seventh pay revision has been paid and further for direction to fix pay revision as per seventh pay revision for the post of accountant and pay benefit accrued thereon in gratuity and arrear of pension together with calculating benefit under ACP/ MACP after pay revision as per sixth and seven pay commission."

3. A counter affidavit has been filed on behalf of the university and a categorical assertion has been made in paragraph 7 thereof that after getting pay verification done by the department, the Branch Manager, Central Bank of India, Veer Kuer Singh University, Ara has been requested by the answering respondent vide letter no. 1136 dated 10.10.2023 to release the payment against arrears of pension, gratuity and leave encashment amount to Rs. 1,50,334/- in favour of the petitioner.

4. It is further averred that revised pension of the petitioner has also been fixed @ Rs. 32,050/- per month with effect from 01.09.2023 alongwith D.A. as admissible and thus P.P.O. no. 1894/2019 has been updated accordingly.

5. It is submitted on behalf of the petitioner that apart from wrong fixation of the revised pension, the petitioner has

Patna High Court CWJC No.11010 of 2023(6) dt.11-01-2024 3/3 also not been paid certain arrears of pension.

6. Considering the submissions made on behalf of the parties, this Court deems it apt and proper to dispose of the present writ petition with a liberty to the petitioner that if he has any grievance with regard to wrong fixation of arrears of pension or non-payment of certain arrears of pension, he shall make proper representation before the Registrar of the university, preferably within a period of 4 weeks from today.

7. In case such representation is filed, the respondent no. 3 shall consider and dispose of the same by reasoned and speaking order within a further period of 8 weeks thereafter.

8. Needless to observe that in case any amount is found admissible against the arrears of pension or any revision of pension is required, the same must be done within the period stipulated.

9. Accordingly this disposes the present writ petition. (Harish Kumar, J) supratim/- U