Ashok Kumar Ojha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 14259 of 2017 =========================================================== Ashok Kumar Ojha, S/o Late Ramesh Kumar OJha, Resident of Village- Banswer, P.O.- Raghunathpur, P.S.- Brahmpur, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary Higher Education, Government of Bihar, Patna.

2. The Vice Chancellor, Veer Kunwar Singh University, Ara.

3. The Registrar, Veer Kunwar Singh University, Ara.

4. The Finance Officer, Veer Kunwar Singh University, Ara.

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

For the Petitioner/s :

Mr. Ranjan Kumar Dubey, Advocate For the University :

Ms. Nutan Sahay, Advocate For the State :

Mr. Apurva, A.C. to S.C. 28 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 19-06-2018 Heard learned counsel for the petitioner; State and Veer Kunwar Singh University (hereinafter referred to as the 'University').

2. The petitioner has moved the Court for the following reliefs:

"I. For issuance of writ in the nature of Mandamus directing the respondents authorities to pay the amounts of Pension, gratuity, E.L. and group insurance to the petitioner without any delay. II. For issuance of writ/ order/direction commanding the respondents to pay penal interest on the aforesaid amount for delayed payment.

III. For that any other relief/ reliefs for which the petitioner may be deemed entitled, may be granted to the petitioner."

3. At the very outset, learned counsel for the petitioner

Patna High Court CWJC No.14259 of 2017 dt.19-06-2018 2/2 submitted that the issue has now been decided by a co-ordinate Bench of this Court by judgment dated 28.02.2017 in C.W.J.C. No. 6618 of 2016 in the case of Gupteshwar Prasad Vs. The State of Bihar & Ors.

4. At this juncture, on a direct query of the Court to learned counsel for the State and the University, they admit that the petitioner is similarly situated.

5. In view thereof, the judgment passed by a co-ordinate Bench of this Court dated 28.02.2017 in the case of Gupteshwar Prasad (supra) having attained finality and also complied with by the respondents, the Court does not find any reason to take a different view.

6. Accordingly, the writ petition stands disposed off in terms of the judgment dated 28.02.2017 passed in C.W.J.C. No. 6618 of 2016. In terms thereof, the direction issued at paragraph no. 13 of the judgment shall also apply in the case of the petitioner. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U