Prof. Dr. Shyamanand Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 8147 of 2017 =========================================================== Prof. (Dr.) Shyamanand Singh, Son of Late Babulal Singh, resident of 'Rama Niwas', S.M. College Road, Chhoti Khanjarpur, Police Station- Adampur, Town and District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar.

2. The Principal Secretary, Department of Education, Government of Bihar, Patna.

3. Tilka Manjhi Bhagalpur University, Bhagalpur, through its Registrar, T.M. Bhagalpur University, Bhagalpur.

4. The Vice Chancellor, T.M. Bhagalpur University, Bhagalpur.

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

6. The Finance Officer, T.M. Bhagalpur University, Bhagalpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Singh, Advocate For the State :

Mr. Kameshwar Kumar, G.P. 17 Mr. Arbind Kumar, A.C. to G.P. 17 For the University :

Mr. Ashhar Mustafa, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 14-08-2018 Heard learned counsel for the petitioner; State and T.M. Bhagalpur University (hereinafter referred to as the 'University').

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

"That, this is an application for issuance of writ of „Mandamus‟ commanding the respondents to

Patna High Court CWJC No.8147 of 2017 dt.14-08-2018 2/3 pay the arrear of salary and post retiral dues such gratuity and Leave Encashment with the interest @ 18% per annum or issue such appropriate writ/writs, direction/directions or pass such other order/orders as your Lordships may deem fit and proper."

3. Supplementary counter affidavit has been filed on behalf of the University today in which it has been stated that the remaining arrears of salary payable to the petitioner have been calculated and cheque is also ready with the authorities, which he can collect even today.

4. Learned counsel for the petitioner does not dispute the fact that it is the only remaining grievance of the petitioner.

5. Having regard to the aforesaid, the writ petition stands disposed off with liberty to the petitioner to collect the prepared cheque upon appearing before the Registrar of the University, who shall ensure that the cheque is immediately handed over to him. With regard to gratuity, the petitioner shall be given the calculation chart to enable him to be satisfied with regard to the deduction of about Rs. 31,000/- made from his entitlement. The same be given to him within one week from the day he appears before the Registrar of the University. If the petitioner feels that there is any error in the calculation or any further payment remains to be made, he shall further be at liberty to file a representation before the Registrar of

Patna High Court CWJC No.8147 of 2017 dt.14-08-2018 3/3 the University. If such a representation is filed within four weeks from today, the Registrar shall look into the same and after verification pass a reasoned order within four weeks from the date of filing of the representation. If any payment is required to be made in terms of the order to be passed, the same shall also be paid to the petitioner within four weeks of the passing of the order. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U