Dr. Devendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11710 of 2023 ====================================================== Dr. Devendra Kumar Singh Son of Late Raj Ballabh Singh Resident of Sankat Mochan Nagar, New Police Line, Ara, P.S.-Ara Nawadah, District-Bhojpur. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Higher Education Department, Govt. of Bihar, Patna. 3.

The Pay Verification Cell, Department of Education, Govt. of Bihar, through its Authorized Officer Having its Office in the Building of Bihar State Text Book Punlishing Corporation Ltd., Buddh Marg, Patna. 4.

The Veer Kunwar Singh University, Ara through its Registrar. 5.

The Vice-Chancellor, Veer Kunwar Singh University, Ara. 6.

The Finance Officer, Veer Kunwar Singh University, Ara ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the State :

Ms. Binita Singh, SC-28 For the University :

Dr. Anand Kumar, Advocate Mr. Ramesh Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 22-08-2023 Heard Mr. Sunil Kumar Singh, learned counsel appearing on behalf of the petitioner, Ms. Binita Singh, learned SC-28 appearing on behalf of the State and Dr. Anand Kumar, learned counsel for the Veer Kunwar Singh University, Ara.

2. The present writ petition under consideration has been filed for following relief(s):- "1) That this is an application for issuance of appropriate writs/directions for following reliefs:- i) For commanding the Respondents to ensure payment of petitioner's difference of post retirement of difference of Gratuity, earned leave, pension and also make payment of difference of

Patna High Court CWJC No.11710 of 2023 dt.22-08-2023 2/3 salary, which has accrued to be paid to the petitioner on account of seventh pay revision of the petitioner w.e.f. 1.1.2016.

ii) For commanding the Respondents to ensure the payment of panel interest over the said claims at least 18% per annum taking into account the law laid down by the Apex Court vide order dated 31.1.2000 in Civil Appeal no. 689 of 2000.

iii) For commanding the Respondents concerned to supply the detailed calculation chart of the said claims to the petitioner in advance. iv) For grant of any other relief or reliefs for which petitioner is entitled in the facts and circumstances of the case."

3. Learned counsel appearing on behalf of the petitioner informs this Court that the petitioner has already represented before the authority concerned and the claim of the petitioner has been forwarded by the Principal of the concerned college and the delay in making payment is being caused by the Registrar of the University.

4. Learned counsel appearing on behalf of the University informs this Court that immediate steps will be taken by the Registrar of the University to disburse all the dues as claimed by the petitioner within a period of four weeks in spite of the fact that the University is stressed due to non-availability of fund.

5. The Vice-Chancellor, Registrar and Finance Officer of Magadh University, Gaya, must ensure to comply with the direction of this Court contained in CWJC No. 6852 of 2021

Patna High Court CWJC No.11710 of 2023 dt.22-08-2023 3/3 (Lilawati Mishra vs. The State of Bihar & Ors.) by facilitating speedy redressal of the genuine grievance and prevent unnecessary litigation.

6. The Vice Chancellor and the Registrar of the University are required to personally approach the Additional Chief Secretary, Higher Education Department, Government of Bihar, who will at least ensure disbursal of fund, which is required by the University for the payment to be made to the petitioner.

7. Entire admissible dues on account of retiral benefit must be paid to the petitioner after examining his claim within a period of four weeks.

8. In case, the order is not complied with, the petitioner may file an application for initiating a proceeding of contempt for willful disobedience of this order.

9. With the above observation/direction, the present writ petition is allowed.

(Purnendu Singh, J) Niraj/Nilmani AFR/NAFR N.A.F.R.

CAV DATE N/A Uploading Date 23.08.2023 Transmission Date N/A