Prof. Dr. Krishna Ballava Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.993 of 2015 =========================================================== Prof. ( Dr.) Krishna Ballava Singh, S/o Late Ram Charitra Singh resident of villageBarahiya, P.S.-Barahiya, District Lakhisarai, superannuated as University Professor as well as Head of Post Graduate Department of Economics, T.M. Bhagalpur University, Bhagalpur.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Director, Higher Education, Government of Bihar, Patna

3. The Vice-chancellor, T.M. Bhagalpur University, Bhagalpur.

4. The Registrar, T.M. Bhagalpur University, Bhagalpur.

5. The Finance Officer, T.M. Bhagalpur University, Bhagalpur. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate For the Respondent/s : Mr. P.N. SHAHI- AAG-10 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 12-01-2017 The present writ petition has been filed by the petitioner for a direction upon the respondent to make payment of his remaining post retiral dues due under different heads, including earned leave salary, gratuity insurance claim and employee welfare fund, etc.

2.

So far the claim of dearness allowance and deferred dearness allowance of the petitioner is concerned, since

Patna High Court CWJC No.993 of 2015 dt.12-01-2017 2/3 they are not post retiral dues, this Court would not adjudicate the same. The petitioner would be at liberty to press those reliefs by filing a separate writ petition.

3.

The petitioner retired from the post of Head of Post Graduate Department, T. M. Bhagalpur University, Bhagalpur on 31.07.2014.

4.

counter-affidavit has been filed on respondents no. 3 to 5 wherein it has been contended that each and every grievance of the petitioner has already been redressed and the post-retiral dues due under different heads have already been paid to the petitioner.

5.

Learned counsel for the University would submit that in case there is any remaining claim of the petitioner, he may raise his claim by filing representation before the authority concerned which would certainly be looked into and order would be passed on such representation without delay. 6.

In view of the assertions made in the counteraffidavit filed on behalf of respondents no. 3 to 5 and the submission made on behalf of counsel for the University, the writ petition is disposed of with liberty to the petitioner to raise his claim by filing representation before the Registrar of the University within four weeks from today. In case such a representation is filed

Patna High Court CWJC No.993 of 2015 dt.12-01-2017 3/3 before the Registrar, he shall examine the same and dispose it of by a reasoned and speaking order within three months from the date of filing of the representation. If any amount is found due to be paid to the petitioner, the same shall be paid within four months from the date of filing of the claim.

7.

With the aforesaid observations and directions, the writ petition is disposed of.

(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE ...

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