Indrakala Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.839 of 2017 In Civil Writ Jurisdiction Case No.12854 of 2015 ====================================================== Indrakala Devi, Wife of Late Ram Karan Singh, Resident of Village- Chak, P.O. Sisauni Kothi, P.S. Nawkothi, District Begusarai. Presently residing at Village- Manjhaul, P.S.- Manjhaul, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sri Khalid Mirza, presently posted as Director, Higher Education, Govt. of Bihar, New Secretariat, 3.

Dr. R.K.Jha, presently posted as Vice-Chancellor, Lalit Narayan Mithila University, Darbhanga.

4.

Dr. Ajit Kumar Singh, presently posted as Registrar, Lalit Narayan Mithila University, Darbhanga 5.

Sri Sushil Kumar Choudhary, presently posted as Finance Officer, Lalit Narayan Mithila University, Darbhanga 6.

Sri Awadhesh Kumar, presently posted as Principal R.C.S. College, Manjhaul, Begusarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh, Advocate For the State :

Mr. Rakesh Narayan Singh, AAG-15 For the University : Ms. Alka Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-09-2019 The present contempt application has been filed alleging non-compliance of the order of this Court dated 07.09.2016, passed in CWJC No. 12854 of 2015 to the extent the same related to the petitioner's late husband Ram Karan Singh, who was an Associate Professor in R.C.S. College, Manjhaul, Begusarai under Lalit Narayan Mithila University, Darbhanga.

Patna High Court MJC No.839 of 2017(4) dt.18-09-2019 2/3 I have heard learned counsel appearing on behalf of the petitioner, learned counsel for the University and learned AC to AAG-15 for the State and I have perused the contempt application and show cause replies filed on behalf of opposite parties.

It transpires from the submissions so advanced and the materials available on record that this Court's order dated 07.09.2016 has been substantially complied with. Learned counsel for the petitioner, however, submits that the amount of Group Insurance, which the petitioner's husband was entitled to receive, has not been paid in the manner other employees have been paid the amount against the said head.

Learned counsel appearing on behalf of the University, on the other hand, has disputed the contention and has submitted that even Group Insurance amount has been paid to the petitioner.

Upon careful reading of the order, violation of which has been complained in the present contempt application, it can be easily seen that there was no specific direction for payment of Group Insurance amount, as is being claimed by the petitioner.

Patna High Court MJC No.839 of 2017(4) dt.18-09-2019 3/3 Learned counsel appearing on behalf of the University has submitted that in any view of the matter the University shall consider the petitioner's claim for payment of any amount against Group Insurance and in case any amount is found payable, the same shall be released to the petitioner. Considering the aforesaid submission, this contempt proceeding is dropped with the observation that the petitioner shall be at liberty to approach the Registrar of the University for raising her claim in respect of payment of Group Insurance amount. The Court expects that what is found due to the petitioner is paid to her expeditiously within three months from the date of making of application by the petitioner. (Chakradhari Sharan Singh, J) Rajesh/- U